Court No. - 9
Case :- WRIT - B No. - 152 of 2019 Petitioner :- Vijay Kumar Kesarwani Respondent :- Additional District Magistrate And Another Counsel for Petitioner :- Shashank Shekhar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking the following relief:-
"(I) Issue a writ, order or direction in the nature of mandamus directing / commanding the respondent no.1 i.e. Additional District Magistrate, Finance and Revenue (Deputy Director of Consolidation), District-Prayagraj (Allahabad) to decide the case No. D-20150203003751, under Section 48 of the Consolidation and Holdings Act, Mauza Malak Harhar, Pargana-Nawabganj, Tehsil-Soraon, District-Allahabad, titled as Kamta Prasad Vs. Vijay Kumar, pending in the Court of Respondent No.1."
It has been stated that the revision aforesaid is pending consideration since the year 2007, consequent to an order of remand passed by the High Court.
However, it is not clear from a perusal of the order sheet nor counsel for the petitioner is in position to state as to whether the lower court record has been received or not.
In the absence of the lower court record, the Deputy Director of Consolidation cannot decide the revision, finally.
Under the circumstances, this writ petition is disposed of directing the Deputy Director of Consolidation to procure the lower court record at the earliest and, thereafter, decide the revision itself, as expeditiously as possible, without granting any unnecessary adjournment to any of the parties.
Order Date :- 22.1.2019 Mayank