(1) Objections have been filed in pursuance of the order passed by this Court on 07.01.2021 which are taken on record.
(2) This petition was initially entertained by this Court on 20.11.2015 and the Court directed the counsel for the petitioners to give notice to the respondents and fix the matter on a particular date and in the meantime, directed the Consolidation Officer not to proceed in the matter. The order restraining the Consolidation Officer not to proceed in the matter was also extended thereafter and continued to be so extended. On 07.09.2016 the writ petition was dismissed for want of prosecution and the interim order was discharged.
(3) It has been submitted by the learned counsel for the petitioners that the petitioners moved an application for Recall of order dated 07.09.2016 and for restoration of the petition within two days of the said order i.e. on 09.09.2016 but it has remained pending disposal.
(4) The counsel for the respondents on the basis of objections filed by him today, says that the writ petition was filed by the petitioners challenging the order dated 14.10.2015 passed by the Deputy Director of Consolidation, Sultanpur, remanding the case to the Consolidation Officer, Sadar concerned with a direction that all evidence produced by either of the parties, be evaluated and after hearing the parties an order be passed afresh on merits. The action in pursuance of the order dated 14.10.2015 was no doubt stayed by this Court while entertaining the petition on 20.11.2015 but after the dismissal of the writ petition on 07.09.2016 the Consolidation Officer continued with the hearing of the case that was remanded to him and has finally decided the issue on 07.02.2018.
(5) It has been submitted by the learned Standing Counsel as well as by the counsel for the private respondents that this writ petition has become infructuous as it was filed challenging the order passed by the Deputy Director of Consolidation remanding the case to the court of Consolidation Officer.
(6) This Court is also convinced that this writ petition has become infructuous as the order of the Deputy Director of Consolidation impugned in the petition has been complied with by the Consolidation Officer. The order dated 07.09.2016 is recalled only to the extent that of recording the writ petition being dismissed for want of prosecution.
(7) The writ petition has become infructuous and it is dismissed as such leaving it open for the petitioner to challenge the order passed by the Consolidation Officer on 07.02.2018 before the appropriate forum.
Order Date :- 20.1.2021 PAL