Court No. - 19
Case :- WRIT - B No. - 42049 of 2013 Petitioner :- Hasmuddin Respondent :- Dy.Director Of Consolidation And 3 Others Counsel for Petitioner :- Brajesh Shukla Counsel for Respondent :- C.S.C.,Jayant Prakash Singh,S.K.A Rizvi Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner and the counsel for the respondents.
The present writ petition has been filed against the order dated 21.6.2013 whereby the Deputy Director of Consolidation has directed that the application filed by respondent no.2 be put up with record on the date fixed in the case i.e. on 27.6.2013. The order dated 21.6.2013 has been been recorded on the application itself as appears from the document annexed as Annexure-7 to the writ petition.
It has been argued by the counsel for the petitioner that in view of the averments made in the application itself, it was apparent that the application was a review application and not a recall application and therefore, was liable to be dismissed summarily.
Through his order dated 21.6.2013, the Deputy Director of Consolidation has not finally decided the application and has not passed any effective order. The Deputy Director of Consolidation has only directed that the application filed by the respondents be put up with the records of the case. The Deputy Director of Consolidation has not held the application maintainable.
The petitioner can argue the legal proposition regarding the non maintainability of the application before the Deputy Director of Consolidation.
In view of the aforesaid, the writ petition is not maintainable and is therefore, dismissed.
However, considering the circumstances of the case, it is directed that the Deputy Director of Consolidation shall decide the application filed by respondent no.2 in accordance with law including the issue regarding the maintainability of the application within a period of three months from the date a certified copy of this order is produced before him after giving an opportunity of hearing to the interested parties.
Order Date :- 25.7.2019/IB