Court No. - 44
Case :- WRIT - B No. - 1019 of 2019 Petitioner :- Jayanti Prasad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manu Saxena Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Manu Saxena, learned counsel for the petitioners.
By means of the present writ petition, petitioner challenged the order dated 16.1.2015 passed by the Consolidation Officer allowing the compromise application dated 5.12.2014 as well as order dated 19.7.2017 passed by the Consolidation Officer.
Contention of learned counsel for the petitioner is that the impugned order dated 19.7.2017 passed by the Consolidation Officer on the basis of alleged compromise dated 5.12.2014 which was never signed by the petitioners but the chak of the petitioners has been disturbed.
The petitioners have an alternative remedy to approach the Consolidation Officer for recalling its order which was obtained by the concerned respondent by way of fraud or to challenge the said order before the Settlement Officer Consolidation by filing the appeal.
The writ petition against the order passed by the Consolidation Officer is not at all maintainable as the petitioners have available alternative remedy.
In the view of the same, the writ petition is disposed of on the ground of alternative remedy. No order as to costs.
Order Date :- 29.4.2019 Akbar