Court No. - 44
Case :- WRIT - B No. - 1595 of 2019 Petitioner :- Rikeba Devi Respondent :- District Magistrate Bhadohi And 14 Others Counsel for Petitioner :- Ratnesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Ratnesh Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State- respondent.
The present writ petition has been filed for issuance of writ of mandamus commanding Respondent No. 1- Deputy Director of Consolidation, Bhadohi to pass order on the petitioner's application dated 29.11.2018 filed in recall application in reference No. 154 within the stipulated time.
The contention of learned counsel for the petitioner is that against the order dated 28.12.1989 passed by the Deputy Director of Consolidation, Varanasi in Reference No. 154, Writ B No. 6909 of 1988 was filed which was dismissed on 07.10.2017. Subsequently, the restoration application was filed by respondent No. 4 which remain pending before the Deputy Director of consolidation, in which the petitioner filed objection/ application dated 29.11.2018 on the ground that the order passed in the reference which sought to be recall had already been affirmed by this Court in Writ -B No. 6909 of 1988, and therefore, the restoration application filed at the instant of respondents is not maintainable. The said objection remain pending till date.
Under these circumstances, direction is issued to Respondent No. 1- Deputy Director of Consolidation, Bhadohi to decide restoration application filed by Respondent No. 4 for recalling the order dated 28.12.1989 in Reference No. 154 after considering the objection/ application filed by the petitioner, in accordance with law, as expeditiously as possible.
The writ petition stands disposed of.
Order Date :- 31.5.2019 Sweety