Court No. - 6
Case :- WRIT - B No. - 2265 of 2021 Petitioner :- Govindi And 11 Others Respondent :- Deputy Director Of Consolidation And 6 Others Counsel for Petitioner :- Vijay Kumar Gupta,Shiv Shankar Prasad Gupta Counsel for Respondent :- C.S.C.,Anand Kumar Pandey,Kamini Pandey (Dubey)
Hon'ble Rajiv Joshi,J.
Heard Sri Vijay Kumar Gupta, learned counsel for the petitioners, learned Standing counsel for the State respondents, Ms. Kamini Pandey (Dubey), learned counsel for the respondent nos. 5 to 7 and perused the record.
The instant writ petition under Article 226 of the Constitution has been filed challenging the order dated 26.8.2021 passed by Deputy Director of Consolidation, Lalitpur in Revision No. 28 of 2019, under Section 48 (1) of U.P. Consolidation of Holdings Act, 1953, whereby the revision was allowed and the orders of Consolidation Officer dated 14.03.2008, 18.09.2015 and 11.01.2008 have been set aside and the matter was remanded to the Consolidation Officer to pass order afresh on the application of the respondents filed under Rule 109A of U.P. C.H. Rules.
It is submitted by learned counsel for the petitioners that Writ B No. 11663 of 2016 is pending against the order passed by consolidation authorities and as such, there is no justification to continue with the proceeding under Rule 109A of U.P.C.H. Rules for the implementation of the orders passed by Consolidation authorites, which is impugned in the writ petition.
The record of Writ B No. 11663 of 2016 indicates that there is no interim order in the said case and as such, there is no question for staying the proceedings initiated under Rule 109A of U.P.C.H. Rules. The Deputy Director of Consolidation has recorded in the impugned order that Parwana issued in the proceedings under Rule 109A of U.P.C.H. Rules was not correct and as such, the previous order passed in the said proceedings is not as per law and therefore, the matter was remanded to Consolidation Officer to decide the application filed under Rule 109A of U.P.C.H. Rules afresh.
I do not find any illegality or infirmity in the order 26.8.2021 passed by Deputy Director of Consolidation, Lalitpur and by the said order, only the matter was remanded.
Present writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 20.12.2021 Noman