Court No. - 9
Case :- WRIT - B No. - 5843 of 2018 Petitioner :- Leeladhar Respondent :- Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh,Upendra Kumar Singh Counsel for Respondent :- C.S.C.,Surendra Pal
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
Assailing the orders impugned, in this writ petition which arises out of proceedings for allotment of chaks contention of counsel is that the petitioners' demand for a chak on plot No.
157 has not been granted by any of the courts below, ignoring the fact that this plot is valuable road side land. No area of this plot has been allotted in the chak of the petitioner.
However upon a perusal of the memo of the appeal as also revision as also the impugned orders, this Court does not find his plea to have been raised at any stage earlier. The pleas aforesaid is, therefore, being raised for the first time in the writ petition.
In my considered opinion, a new plea cannot be considered by the writ court at the first instance and an order cannot be held to be illegal or vitiated upon non consideration of a plea which was never raised before the courts below.
For the same reason, the order impugned calls for no interference.
The writ petition is accordingly dismissed.
Order Date :- 19.12.2018 Priyanka