Court No. - 44
Case :- WRIT - B No. - 1005 of 2019 Petitioner :- Suggan And 4 Others Respondent :- Deputy Director Of Consolidation And 6 Others Counsel for Petitioner :- Sanjay Kumar Pundir Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri S.K. Pundir, counsel for the petitioners and learned standing counsel for the State respondents.
By this petition, the petitioners have challenged the order dated 27.4.2018 passed by the Deputy Director of Consolidation, Saharanpur in Revision Nos. 125/2017, 307/2017 and 308/2017, all filed by respondent no. 2-Hukum Singh, under section 48(1) of the U.P.C.H. Act.
Submission of the learned counsel for petitioners is that petitioners were not arrayed as parties in the revision and no notice or summon had been issued to him and the order impugned has been passed without hearing them.
The question as to whether notices were served or not, and the order impugned is an ex parte order or not, can very well be decided by the Deputy Director of Consolidation himself.
In case the order impugned has been passed ex parte and without hearing them, the petitioners have remedy to approach the Deputy Director of Consolidation raising all such grounds and pleas as raised in the present petition.
In view of the above, the present petition is being finally disposed of , leaving it open to the petitioners to file a recall application before the Deputy Director of Consolidation within a period of three weeks from today, In case any such application is moved, the same shall be considered and decided by the Deputy Director of Consolidation in accordance with law as expeditiously as possible. Till the petitioners move the recall application, the order impugned shall not be given effect to.
No order as to costs.
Order Date :- 26.4.2019 SNT/