MAN SINGH versus DY. DIRECTOR OF CONSOLIDATION, ALIGARH & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Man Singh v. Dy. Director Of Consolidation, Aligarh & Others - WRIT - B No. 54304 of 2006 [2006] RD-AH 16992 (27 September 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 54304 of 2006

Man Singh

Versus

Deputy Director of Consolidation, Aligarh and others

Hon'ble Krishna Murari, J.

Heard Sri Jitendra Pal Singh, learned counsel for the petitioner.

Following two main reliefs have been claimed by the petitioner:

i) issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 24.7.2004 and 10.12.2004 (Annexure Nos. 10 & 11) passed by respondent no. 1 in restoration application no. 91/2003 in reference no. 3/91 Chokhey Singh Vs. Gram Sabha and others.

ii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to decide the restoration application no. 91/03 and other restoration applications against the order dated 18.7.2003 passed by the respondent no. 1 in reference no. 3/91 Chokhey Singh and others Vs. Gram Sabha and others expeditiously within a time fixed by this Hon'ble Court.

The relief no. (i) cannot be granted as the impugned orders challenged are  interlocutory orders by which the implementation of the order dated 18.7.2003 was initially stayed and later on the same was extended till disposal of the case. No writ petition lies against such an interlocutory order.

In so far as relief no. (ii) is concerned, it is hereby directed that the Deputy Director of Consolidation  may  decide the restoration application no. 91/03 and other restoration applications within a period of two months from the date of production of a certified copy of this order before him.

Subject to the aforesaid direction, the writ petition stands dismissed.

27.09.2006.

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