Court No. - 9
Case :- WRIT - B No. - 5436 of 2018 Petitioner :- Ram Sajivan Respondent :- Dy. Director Of Consolidation And 2 Others Counsel for Petitioner :- Hare Krishna Mishra Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioner and learned Standing Counsel.
The instant writ petition is filed seeking a writ of certiorari for quashing the order dated 26.09.2018 passed by the respondent no. 1, the Deputy Director of Consolidation, Allahabad.
The Deputy Director of Consolidation by his order dated 26.09.2018 has recalled an interim order dated 18.10.2017, accepting the contention that this interim order is fraudulent as on that date, the Court did not sit and the lawyers were on strike.
Accepting this contention of the opposite party in the revision, the interim order granted on 18.10.2017 has been set aside and the matter posted for hearing.
When the matter initially came up before this Court, learned Standing Counsel was directed to obtain instructions as to whether the lawyers were on strike on 18.10.2017 and was also directed to place the resolution of the Bar Association in this regard.
Learned Standing Counsel has furnished to the Court a copy of instructions received by him, which also contains the resolution of the District Bar Association, Allahabad regarding abstraining work on 18.10.2017.
The petition therefore, is sheer abuse of the process of the Court.
At this stage, counsel for the petitioner has stated that he may be permitted to withdraw the writ petition.
Under the circumstances, this writ petition is permitted to be withdrawn on the specific stipulation that the petitioner shall appear before the Deputy Director of Consolidation on 16.11.2018 and advance his arguments in the pending case, which is under Section 48 of the U.P. Consolidation of Holdings Act (Ram Sajivan Vs. Gaon Sabha Dheenpur and others).
Counsel for the petitioner undertakes that the petitioner shall appear before the Court concerned on 16.11.2018 and make his submissions, without seeking any adjournment.
It is hence provided that in case the petitioner does not appear before the Deputy Director of Consolidation on 16.11.2018 or fails to make his submissions, as undertaken, a report be sent to this Court by the Deputy Director of Consolidation, Allahabad, whereupon this writ petition which is being dismissed as withdrawn shall stand revived to be proceeded with, in accordance with law.
The writ petition is dismissed as withdrawn subject to the stipulations above.
Order Date :- 31.10.2018 Mayank