Court No. - 17
Case :- WRIT - B No. - 4888 of 2018 Petitioner :- Jitendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rafiuddin Ansari Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing counsel.
This writ petition has been filed for quashing the order dated 6.7.2018 passed by the Deputy Director of Consolidation, whereby the restoration application filed by the petitioner for recalling the order dated 27.11.2017 has been rejected.
The facts reflect from the record that petitioner has earlier filed writ petition filed being Writ -B No.62460 of 2017 (Jitendra Kumar Vs. State of U.P. & Ors.) and the said writ petition was dismissed vide judgment and order dated 27.3.2018. The petitioner filed the restoration application and said facts were not not brought in the knowledge of this Court in Writ -B No.62460 of 2017. The restoration application was dismissed by the Deputy Director of Consolidation vide order dated 6.7.2018 which is impugned in the writ petition. It is further recorded by the Deputy Director of Consolidation that the order was passed after giving opportunity to the parties, which is not ex-parte.
The contention of learned counsel for the petitioner is that the order dated 27.11.2017 is an ex-parte and has been passed without hearing opportunity to the petitioner.
The argument of learned counsel for the petitioner has no substance as the said order dated 27.11.2017 has already been affirmed by this Court in Writ -B No.62460 of 2017 vide judgment and order dated 27.3.2018.
There is no illegality or infirmity in the order impugned and writ petition is totally misconceived and is accordingly dismissed.
Order Date :- 24.8.2018 Akbar