Dismissed

Chhedi Lal v. Consolidation Officer Final Record II and 12 Others

Allahabad HC23 Oct 2021WRIB/1756/2021

Case brief

AI extract

What is this about?

The court dismissed this second writ petition on the grounds that the petitioner had already filed a similar petition (Writ-B No. 2157 of 2019) which was finally disposed of, rendering the present one premature and non-maintainable for the same cause of action.

What did the court decide?

Petition dismissed as it constitutes a second writ on the same cause of action already finally disposed of.

Chhedi Lal Vs Consolidation Officer Final Record… — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 38

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Case :- WRIT - B No. - 1756 of 2021

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Petitioner :- Chhedi Lal

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Respondent :- Consolidation Officer Final Record Ii And 12 Others Counsel for Petitioner :- Pawan Kumar,Pawan Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Pawan Kumar, learned counsel for petitioner and learned Standing Counsel representing respondents-1 and 2.

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Perused the record.

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This writ petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent1, Consolidation Officer (Final Record II) Varanasi to decide Case No.407/457/08-09 expeditiously preferably within three months.

¶9

At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that petitioner had already approached this Court by way of Writ-B No.2157 of 2019, (Chedi Lal Vs. Chakbandi Adhikari III Varanasi and 2 Others) which was disposed of finally vide order dated 13.09.2019.

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For ready reference, same is reproduced herein under:-

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"The present writ petition has been filed by the petitioner praying for a writ of mandamus directing the Consolidation Officer-III, Varanasi, i.e., respondent no. 1 to decide Case No. 35/1997-98 pending in the court of Consolidation Officer-III, Varanasi.

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Without expressing any opinion on the merits of the case, the Consolidation Officer-III, Varanasi, i.e., respondent no. 1 is directed to decide the aforesaid case within a period of three months from the date a certified copy of this order is produced before him, in case, there is no legal impediment in deciding the aforesaid case.

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With the aforesaid direction, the writ petition is disposed of."

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On the aforesaid premise, learned Standing Counsel submits that present writ petition is the second writ petition for same cause of action. Consequently, same is not maintainable.

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When confronted with above, Mr. Pawan Kumar, learned counsel for petitioner could not overcome the same.

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In view of above, present writ petition fails and is liable to be dismissed.

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It is, accordingly, dismissed.

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Order Date :- 23.10.2021 Saif

Chhedi Lal v. Consolidation Officer Final Record II and 12 Others

Case brief

What is this about?

What did the court decide?

Chhedi Lal v. Consolidation Officer Final Record II and 12 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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