Court No. - 6
Case :- WRIT - B No. - 1956 of 2021 Petitioner :- Mosin Khan Respondent :- Deputy Director Of Consolidation And 14 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.,Sher Bahadur Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Deepak Kumar Srivastava, learned counsel for the petitioner, learned Standing counsel for the State respondents, Sri Sher Bahadur Singh, learned counsel for the respondent no.15 and perused the record.
The instant writ petition under Article 226 of the Constitution has been filed for quashing the order dated 19.02.2014 passed by Deputy Director of Consolidation, Shahjahanpur.
There is laches of 2697 days in challenging the said order. Reason for laches has been explained by the petitioner in paragraph 8 and 9 of the writ petition, which is quoted as under:
"8. That the petitioner come the knowledge order dt. 29.06.2012 and 19.02.2014 exparty order then he filed the folio dt. 12.08.2021 and opting the order dt. 13.08.2021 then he approach his counsel about this matter and which was come the knowledge Ex-party order on 12.08.2021.
9. That on 11.08.2021 the respondent no. 2, 3 and 4 reach at chak of the petitioner then come the knowledge which ex-party order on 12.08.02021 then he approach on same date his counsel and after examine the records and file the folio for certified copy of the orders on 12.08.2021 and receive. The copy of order 13.08.2021 then he approach Hon'ble Cour and the respondent no.1 passed the ex-party order against the father of the petitioner and his father died on 27.02.2015. For kind perusal of this Hon'ble Court. A photo/true copy of the death certificate dt. 27.02.2015 is being annexed herewith and marked as Annexure No.4 to this writ petition. "
No plausible explanation for laches has been given by the petitioner in the writ petition even the order which is impugned in the writ petition i.e. order dated 19.02.2014 has been recalled by the Deputy Director of Consolidation vide order dated 19.02.2014 on the restoration application filed by Haseeb Ahmad, Smt. Rukmani Devi and others. Nothing has been stated in the body of the writ petition what happen after the recall of the order passed by the Deputy Director of Consolidation on 19.02.2014.
Accordingly, the writ petition is dismissed on the ground of laches as well as on merits.
Order Date :- 20.12.2021 Noman