Court No. - 19
Case :- WRIT - B No. - 1871 of 2019 Petitioner :- Surya Bali Respondent :- Deputy Director Of Consolidation, Kushinagar And 4 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard learned counsel for the petitioner.
The present writ petition has been filed against the order dated 17.6.2019 passed by the Consolidation Officer on a recall application filed by respondent No. 5 for recall of the order dated 4.6.2019 passed by the Consolidation Officer under Rule 109 of the Uttar Pradesh Consolidation of Holdings Rules, 1954 (hereinafter referred to as, 'Rules, 1954').
Through his order dated 17.6.2019, the Consolidation Officer has stayed the operation of his previous order dated 4.6.2019 whereby he had directed that CH 45 may be amended showing the name of the petitioner as tenure holder of the disputed plots.
The order dated 17.6.2019 passed by the Consolidation Officer is an interlocutory order, and therefore, it is not a fit case for interference under Article 226 of the Constitution of India. However, considering the circumstances of the case and in the interest of the justice, the Consolidation Officer is directed to decide the recall application dated 17.6.2019 submitted by respondent No. 5 within a period of three months from the date a certified copy of this order is produced before him.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 25.7.2019 Anurag/-