Court No. - 9
Case :- WRIT - B No. - 877 of 2021 Petitioner :- Atlu Ram Respondent :- Deputy Director Of Consolidation And 2 Others Counsel for Petitioner :- Komal Mehrotra Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the parties.
The present writ petition has been filed challenging the order dated 6th May, 1994 passed by the Deputy Director of Consolidation accepting the Reference submitted to him as well as against the order dated 25.3.2021 passed by the Deputy Director of Consolidation rejecting the recall application filed by the petitioner for recall of the order dated 6th May, 1994.
The order of the Deputy Director of Consolidation was passed on 6th May, 1994 against which a recall application was filed by the petitioner in 2003, i.e., 9 years after the initial order. The Deputy Director of Consolidation vide his order dated 25.3.2021 has taken note of the delay in filing the recall application and also that the petitioner was heard before passing the order dated 6th May, 1994 as he had signed the order-sheet of the case and, therefore, the proceedings before the Deputy Director of Consolidation were not ex-parte against the petitioner.
The parties must have settled on their chaks as a consequence of the order dated 6th May, 1994, i.e., almost 27 years back.
There is no illegality in the order dated 25.3.2021 and in view of the fact that chaks were modified by the Deputy Director of Consolidation by his order passed 27 years back, it is not a fit case for interference by this Court under Article 226 of the Constitution of India so far as the order dated 6th May, 1994 is concerned.
The writ petition is dismissed.
Order Date :- 28.7.2021 Satyam