Writ petition filed nearly 17 years after the underlying order is dismissed as infructuous due to efflux of time, with liberty to recall if case survives.
Writ petition dismissed as infructuous. Liberty granted to recall the order if the matter survives for consideration on merits.
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Court No. - 11
Case :- WRIT - B No. - 18259 of 2001
Petitioner :- Kuwarpal Singh And Others Respondent :- Dy. Director Of Consolidation And Others Counsel for Petitioner :- Miss Mona Rajvanshi Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard Shri N.C.Rajvanshi, counsel for the petitioners and Shri V.K.Rai, counsel for the respondents.
Against the order dated 17.12.1988 passed by Consolidation Officer in Case Nos.2435, 2436, 3310, 3311 etc, Appeal No.1865, 1866 and 1867 were filed by the petitioners and the aforesaid appeals were allowed by Settlement Officer of Consolidation vide his judgement and order dated 21.4.1993 whereby the Settlement Officer of Consolidation set aside the order dated 17.12.1988 passed by the Consolidation officer and remanded back the matter to the Consolidation Officer to pass fresh orders. Against the judgement and order dated 21.4.1993, the petitioner as well as respondent nos. 4 and 5 filed Revisions Nos.72, 73 & 74 under section 48 of the U.P Consolidation of Holdings Act, 1953 before the Deputy Director of Consolidation, and the Deputy Director of Consolidation vide his order dated 19.4.2001 passed in Revision Nos.72, 73 and 74 set aside the order dated 21.4.1993 passed by Settlement Officer of Consolidation and restored the order dated 17.12.1988 passed by Consolidation Officer. The order dated 19.4.2001 has been challenged in the present writ petition.
At the time of hearing of the present writ petition, as a fresh case, the order dated 19.4.2001 passed by Deputy Director of Consolidation was stayed but it was directed by the Court that proceedings in pursuance to the order of the Settlement Officer of Consolidation shall continue before the Consolidation Officer.
The writ petition was instituted 17 years back. It appears that by efflux of time, the writ petition has become infructuous and is dismissed as
infructuous. However, in case the matter still survives for consideration by this Court on merits, either of the parties shall have liberty to file an application bringing the fact to the notice of the Court and for recall of the present order.
With the aforesaid observation, the writ petition is dismissed.
Order Date :- 11.4.2018 IB
Kuwarpal Singh And Others
Dy. Director Of Consolidation And Others
Salil Kumar Rai
As recorded by the court registry
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