Allowed

Neelam Srivastava v. Deputy Director of Consolidation and 2 Others

Allahabad HC14 Jun 2023CMRA/81/2023

Case brief

AI extract

What is this about?

This court allowed the review application, condoning the delay in filing. The court recalled the order dismissing the writ petition as withdrawn and directed its restoration for listing, finding no undue advantage gained by the applicant.

What did the court decide?

Delay condoned, placement of order recalled, writ petition restored and listed before appropriate court on 4.07.2023.

Neelam Srivastava Vs Deputy Director of Consolidation and… — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126676 Reserved on 15.05.2023 Delivered on 14.06.2023

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Case :- CIVIL MISC REVIEW APPLICATION No. - 81 of 2023

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Civil Misc. Writ Petition No. 1728 of 2020

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Applicant :- Neelam Srivastava

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Opposite Party :- Deputy Director Of Consolidation And 2 Others Counsel for Applicant :- Girja Shanker Mishra

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Counsel for Opposite Party :- C.S.C.,Azad Rai

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Hon'ble Siddharth,J.

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Heard Sri Girja Shanker Mishra, learned counsel for review applicant; Sri Atul Kumar Upadhayay, learned Standing Counsel for opposite party no. 1 & 2.

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Civil Misc. Delay Condonation Application No. of 2023

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This is an application to condone the delay in filing Review Application. Cause shown for the delay has been explained satisfactorily.

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Delay is condoned.

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Application is allowed.

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Order of Review Application.

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This review application has been filed praying for review of the order dated 25.11.2022 passed by this court whereby writ petition was dismissed as withdrawn on Civil Misc. Withdrawal Application No.4 of 2022.

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Learned counsel for the review applicant/petitioner has submitted that during pendency of Reference No.1316 before the Director of Consolidation, Allahabad, measurements of the plots in dispute were required to be made. The applicant/petitioner was waiting for report of inspection and measurement. The Consolidation Authorities assured the review applicant/petitioner to withdraw proceeding since measurement of disputed plot will be shortly concluded and till then no disturbance in the plots of the

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review applicant/petitioner shall be done. Applicant/petitioner had already obtained an order of status quo dated 27.11.2022 in her favour and the authorities stated that due to the order of status quo they cannot do anything with regard to the measurement of the plots in dispute. Therefore, she withdrew the writ petition, by filing the withdrawal application aforesaid, by the order dated 25.11.2022. Thereafter the District Magistrate, Allahabad and other consolidation authorities are trying to allot the land in dispute for the purpose of construction of a power house without deciding the pending reference. The petitioner has been defrauded by the respondents and hence she has moved this recall application.

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There is no contest made on behalf of any of the staterespondents to this review application by filing any counter affidavit.

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In the totality of facts and circumstances of this case, this review application is allowed. The petitioner does not appears to have gained any undue advantage by withdrawing the writ petition earlier nor she will gain any undue advantage by restoration of the same. The order dated 25.11.2022 passed by this court in the above noted writ petition is recalled.

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Writ petition is directed to be restored to its original number and listed before appropriate court on 4^th July, 2023 .

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Order Date :- 14.06.2023 SS

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2 of 2

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Neelam Srivastava v. Deputy Director of Consolidation and 2 Others

Case brief

What is this about?

What did the court decide?

Neelam Srivastava 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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