Court No. - 44
Case :- WRIT - B No. - 4030 of 2018 Petitioner :- Nahush Pal Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Kanchan Chaudhary,C.L. Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri C. L. Chaudhary, learned counsel for the petitioner.
The present writ petition has been filed challenging the impugned order dated 10.04.2018 passed by the Deputy Director of Consolidation, Hathras in Revision No. 7 of 2017-18 (Hakim Singh Vs. Shakuntala Devi and others) whereby the revision filed by the petitioner was dismissed, affirming the order dated 12.10.2004 passed by the Consolidation Officer, Shasnia in Case No. 335/2003- 04 (Hakim Singh Vs. Jaswant Singh).
It reflects from the record that in some proceeding initiated by the contesting respondents, the petitioner filed an application to the effect that further proceeding of the case be stayed on the ground that this Court has stayed the proceeding vide order dated 17.11.1989 passed in Civil Misc. Writ Petition No. 21227 of 1989. The said application was rejected by the Consolidation Officer on the ground that no such proceeding has been stayed by the High Court. Against that order the revision was filed which too was dismissed.
It is contended by the counsel for the petitioner that the interim order dated 17.11.1989 passed in Civil Misc. Writ Petition No. 21227 of 1989 the proceeding of the case was stayed and therefore, the application filed by the petitioner has wrongly been rejected by the Consolidation Officer and the order of the Consolidation Officer was wrongly affirmed by the revisional authority.
I have considered the submission so raised by the counsel for the petitioner and perused the record.
The specific finding has been recorded by the Consolidation Officer as well as Deputy Director of Consolidation to the effect that the copy of such interim order has not been filed by the petitioner and there is no evidence to the effect that the proceeding of the case was ever stayed by the High Court, even otherwise the Civil Misc. Writ Petition No. 21227 of 1989 had already been dismissed by this Court vide order dated 10.08.2004.
I do not find any illegality or infirmity in the order impugned.
The present writ petition is totally misconceived and is accordingly, dismissed. Interim order, if any, stands discharged.
Order Date :- 26.4.2019/Sweety