Court No. - 44
Case :- WRIT - B No. - 1053 of 2019 Petitioner :- Kisan And 3 Others Respondent :- Deputy Director Of Consolidation And 14 Others Counsel for Petitioner :- Harshit Pathak,Anurag Pathak Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Anurag Pathak, learned counsel for the petitioners and learned Standing counsel for the State-respondents.
The present writ petition has been filed for issuance of writ of mandamus commanding Respondent Nos. 1 and 2 to sent Revision No. 430 of 2019 and Revision No. 522 of 2017 filed by the petitioners before the Deputy Director of Consolidation which are pending before the Additional Collector (Finance & Revenue), Saharanpur.
The contention of learned counsel for the petitioners is that when both revisions were filed, there was no Deputy Director of Consolidation in the district and the Additional Collector (Finance & Revenue), Saharanpur entertained the revisions and registered the same. It is further contended that since the Deputy Director of Consolidation, Saharanpur has resumed his office therefore, both the revisions be sent to the Deputy Director of Consolidation for deciding the same on merits.
It is well settled that a writ of mandamus cannot only be issued unless and until the person aggrieved has approached the concerned authorities for redressal of his grievance. Perusal of records shows that without moving any such application, before the Additional Collector (Finance & Revenue), Saharanpur for transferring the aforesaid two revisions before the Deputy Director of Consolidation, Saharanpur, the petitioners have directly rushed to the High Court under Article 226 of the Constitution of India for issuance of a writ of Mandamus.
Under these circumstances, liberty is given to the petitioners to file an appropriate application within three weeks from today before the Additional Collector (Finance & Revenue), Saharanpur for transferring the aforesaid two revisions before the Deputy Director of Consolidation, Saharanpur. If such application is filed before the Additional Collector (Finance & Revenue), Saharanpur, along with the certified copy of this order, the same shall be decided, in accordance with law within three weeks from the date of its presentation.
With the aforesaid direction/observation, the writ petition is accordingly disposed of. No order as to costs.
Order Date :- 30.4.2019 Sweety