Court No. - 9
Case :- WRIT - B No. - 5818 of 2018 Petitioner :- Ramraj And 2 Others Respondent :- District Deputy Director Of Consolidation Fatehpur And 7 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Kunwar Ajay Singh,Raman Kumar
Hon'ble Anjani Kumar Mishra,J.
Shri S.K. Mishra, who has put in appearance on behalf of respondent Nos. 4, 5 and 7 today, in Court. The same is taken on record.
Heard learned counsel for the petitioner and Shri S.K. Mishra, counsel for the respondents.
The instant writ petition is directed against the order dated 29.09.2018 passed by the ADM, Fatehpur in a revision filed by the petitioner.
The revision is stated to have been filed against the order dated 05.05.2017. It has been dismissed on the ground that the order dated 05.05.2017 has already been recalled by the Consolidation Officer and, therefore, the revision had been rendered, infructuous. It has been dismissed as infructuous.
The contention of counsel for the petitioner is that as many as three orders have been passed by the Consolidation Officer on 05.05.2017 and that only the last of these three orders was impugned in the revision. Therefore, the order passed by the revisional court is vitiated.
It appears that an order was also passed directing the Reader to lodge an FIR against Counsel for the opposite party on the ground that he had removed an order passed by the court from the file and despite being asked to return and restore it to the file, failed to do so.
Subsequent it appears that this order has been recalled.
Therefore, contention of the counsel for the petitioner is that the last order recalling the order to lodge an FIR was the order whereby they were aggrieved.
Be that as it may, even if this argument is accepted, the main grievance of the petitioner is that an FIR has not been lodged against the counsel who has removed an order from the Court file.
Under the circumstances, I do not find any justification for entertaining this writ petition because neither the revisional court, nor the writ court can direct lodging of an FIR. this can only be directed by the Court concerned, namely, the Consolidation Officer, respondent No. 3.
Interest of justice would stand served in case, this writ petition is disposed of directing the court concerned, the Consolidation Officer, to examine this aspect of the matter and in case, some document has been removed from the courts file, criminal proceedings against the counsel responsible for the same must be initiated by it. This action should be taken after due consideration of the facts and circumstances of the case, positively within three month from the date of a certified copy of this order is filed before it.
Subject to the above, this writ petition is disposed of.
Order Date :- 19.12.2018 Priyanka