Court No. - 19
Case :- WRIT - B No. - 2097 of 2019 Petitioner :- Gulshan Khan Respondent :- Deputy Director Of Consolidation And 6 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.,Rafiuddin Ansari,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
Vakalatnama filed by Shri A.P. Singh on behalf of respondent no.2 is taken on record.
Heard learned counsel for the petitioner and Shri Rafiuddin Ansari as well as Shri A.P. Singh on behalf of the respondents.
The present writ petition has been filed against the order dated 11.7.2019 passed by the Deputy Director of Consolidation, Azamgarh whereby he has recalled the order dated 9.10.2018 on a recall application filed by the respondent on the ground that the order dated 9.10.2018 was passed without giving the respondents any opportunity of hearing after the spot inspection. The fact that no arguments were heard after the spot inspection made by the Deputy Director of Consolidation is evident from the order sheet of the case annexed as Annexure No.'6' to the writ petition.
Apart from the aforesaid, the order dated 11.7.2019 does not finally decide the rights of the parties and the petitioner shall have an opportunity to present his case on merits before the Deputy Director of Consolidation.
For the aforesaid reason, it is not a fit case for interference under Article 226 of the Constitution of India.
The writ petition is dismissed.
However, it is directed that the Deputy Director of Consolidation shall decide the revision pending before him as a consequence of the order dated 11.7.2019 within a period of three months from the date a certified copy of this order is produced before him by either of the parties.
Order Date :- 22.8.2019 Jyotsana