Allowed

Om Nath v. Deputy Director of Consolidation and 2 Others

Allahabad HC5 Feb 2021WRIB/228/2021

Case brief

AI extract

What is this about?

This writ petition, filed under Article 226, petitions for the restoration of an ex-parte order and condonation of delay. The court directed the Deputy Director of Consolidation to decide the applications within six months, hear all parties, and record findings on cooperative conduct to prevent dilatory tactics.

What did the court decide?

The petition was disposed of finally with a direction to decide the pending restoration and condonation applications within six months, ensuring all parties are heard.

Om Nath Vs Deputy Director of… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 6 Case :- WRIT - B No. - 228 of 2021 Petitioner :- Om Nath Respondent :- Deputy Director Of Consolidation And 2 Others Counsel for Petitioner :- Dinesh Kumar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Dinesh Kumar Yadav, learned counsel for the petitioners and learned Standing Counsel for the State.

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Shri Dinesh Kumar Yadav, learned counsel for the petitioner contends that the order dated 07.07.2017 passed by the Deputy Director of Consolidation is ex-parte to the petitioner. The restoration application was filed on 03.10.2020 with an application for delay condonation. However, the same has not been decided till date.

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The only prayer made by Shri Dinesh Kumar Yadav, learned counsel for the petitioner is that the restoration application filed by the petitioner on 03.10.2020 along with application for delay condonation may be decided within a stipulated period of time.

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Learned Standing Counsel submits that the authorities are under an obligation of law to decide the restoration application and delay condonation application within a reasonable period of time.

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Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court. With the consent of parties, the writ petition is being disposed of finally.

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The matter is remitted to the respondent no. 2-Consolidation Officer, Bansi, Siddharth Nagar.

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A writ in the nature of mandamus is issued commanding the respondent no. 1-Deputy Director of Consolidation, Firozabad, to execute the following

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directions:

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I. The respondent no. 1-Deputy Director of Consolidation, Firozabad, shall decide the restoration application along with delay condonation application filed on 03.10.2020 expeditiously preferably within a period of six months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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II. The respondent no. 1-Deputy Director of Consolidation, Firozabad, shall hear all the necessary parties to the lis before any order is passed in the said proceedings.

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III. All parties to the lis are directed to cooperate in the proceedings before the consolidation officer.

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IV. In case the parties do not cooperate in the proceedings before the respondent no. 1-Deputy Director of Consolidation, Firozabad, or adopt dilatory tactics, respondent no. 1-Deputy Director of Consolidation, Firozabad, shall record a finding to this effect and proceed in accordance with law.

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With the aforesaid directions, the writ petition is disposed of finally.

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Order Date :- 5.2.2021 Dhananjai

Om Nath v. Deputy Director of Consolidation and 2 Others

Case brief

What is this about?

What did the court decide?

Om Nath v. Deputy Director of Consolidation and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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