Court No. - 19
Case :- WRIT - B No. - 1480 of 2019 Petitioner :- Ram Sanmukh And 2 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Prashant Shukla,Kamlesh Shukla Counsel for Respondent :- C.S.C.,Mayank Krishna S Chandel,Ram Niwas Singh,V.K. Chandel
Hon'ble Salil Kumar Rai,J.
The supplementary affidavit filed by the petitioners is taken on record.
Heard Shri Prashant Shukla, counsel for the petitioners and Shri V.K.Chandel counsel for respondent nos. 6 & 7.
The laches in filing the writ petition has been satisfactorily explained in the supplementary affidavit filed today.
The present writ petition has been filed against the order dated 12.7.2018 passed by Deputy Director of Consolidation whereby the allotment of Chaks as made till the stage of Settlement Officer of Consolidation has been amended by the Deputy Director of Consolidation affecting the Chaks of the petitioners.
It has been stated in the writ petition that the plots withdrawn from the petitioners vide order dated 12.7.2018 has the tube well of the petitioners and therefore, adversely affects the petitioners. A perusal of the order dated 12.7.2018 shows that no reasons have been given in the said order for amending the allotment of Chaks as made till the stage of Consolidation Officer and for accepting the claim of respondent nos. 5, 6 & 7 and further the case of the petitioners has also not been considered by the Deputy Director of Consolidation in his order dated 12.07.2018.
In view of the aforesaid, the order dated 12.07.2018 is a non speaking order in as much as no reasons have been given in the same by Deputy Director of Consolidation to support the findings recorded in his order.
For the aforesaid reasons, the order dated 12.07.2018 passed by the Deputy Director of Consolidation is hereby set aside and the matter is remanded back to the Deputy Director of Consolidation to pass fresh orders in accordance with law after giving an opportunity of hearing to the affected parties within a period of three months from the date a certified copy of this order is produced before him by either of the parties.
It is clarified that the Court has not expressed any opinion on the merits of the allotment of Chaks as made either by the Settlement Officer of Consolidation or the Deputy Director of Consolidation.
With the aforesaid direction, the writ petition is allowed.
Till fresh orders are passed by the Deputy Director of Consolidation, parties shall maintain status quo as of today regarding the disputed plots.
Order Date :- 30.7.2019 IB