Court No. - 44
Case :- WRIT - B No. - 1523 of 2019 Petitioner :- Chandrawati Respondent :- Deputy Director Of Consolidation And 5 Others Counsel for Petitioner :- Suresh Chandra Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Suresh Chandra Tripathi, learned counsel for the petitioner and learned Standing Counsel.
This writ petition has been filed for issuance of mandamus commanding the respondent no.1-Deputy Director of Consolidation, Jaunpur to consider and decide the objection of the petitioner dated 03.04.2019 in reference case no. 1158 filed under Section 48 (3) of U.P.C.H. Act (hereinafter referred to as Act) within stipulated time.
The contention of learned counsel for the petitioner is that against the order accepting the reference under Section 48 (3) of the Act dated 6.12.2014, restoration applications alongwith delay condonation applications were filed by the contesting respondents on 15.6.2017 and 27.6.2017, which remain pending, in which petitioner filed an objection on 03.04.2019 contesting the matter on delay condonation application and the maintainability of the restoration application.
It is further contended by learned counsel for the petitioner that his objection dated 03.04.2019 with regard to the maintainability of the restoration application filed alongwith delay condonation application be decided first.
Under these circumstances, respondent no.1-Deputy Director of Consolidation, Jaunpur is directed to consider and decide the objection filed by the petitioner dated 03.04.2019 in reference case no. 1158 filed under Section 48 (3) of U.P.C.H. Act as a preliminary objection and thereafter pass appropriate order on the restoration application in accordance with law.
Writ petition is, accordingly, disposed of.
Order Date :- 29.5.2019 Noman