Dismissed

Sarita Kumari v. Deputy Director of Consolidation, Faizabad and Others

Allahabad HC14 May 2024/514/2024

Case brief

AI extract

What is this about?

Petitioner challenged orders of Deputy Director of Consolidation regarding allotment of chak under UP Consolidation Act. Petitioner sought to withdraw and file an application for recall. Court dismissed the petition as not pressed with liberty to move appropriate authority.

What did the court decide?

Petition dismissed as not pressed with liberty to move appropriate authority.

Sarita Kumari Vs Deputy Director of Consolidation… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:37518

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Court No. - 7

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Case :- WRIT - B No. - 514 of 2024

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Petitioner :- Sarita Kumari

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Respondent :- Deputy Director Of Consolidation, Faizabad And Others Counsel for Petitioner :- Onkar Nath Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Alok Mathur,J.

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Heard Sri Onkar Nath Tiwari, learned counsel for the petitioner as well as learned Standing counsel on behalf of respondent Nos. 1 and 8 and Sri Mohan Singh for the Gram Panchayat.

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In light of the proposed order notice to private respondents is dispensed with

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By means of the present writ petition the petitioner has challenged orders dated 2nd May, 2024 and 30.10.2023 passed by Deputy Director of Consolidation, Faizabad/Ayodhya in reference proceedings under Section 48 (3) of U.P. C.H.Act, 1953.

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It has been submitted by learned counsel for the petitioner that the dispute in the present case relates to allotment of chak by the Consolidation authorities. The said proceedings were concluded vide order dated 30.10.2023 passed by Deputy Director of Consolidation whereby he had allowed all the three references and had decided the revision where he concurred with the reference made to him and previously amended charts were cancelled. The petitioner being aggrieved by the order dated 30.10.2023 had moved an application for recall which was rejected by means of order dated 2.5.2024.

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A perusal of the order sheet dated 2.5.2024 indicates that no one had appeared on behalf of the petitioner to press the application for recall consequently it was dismissed for want of prosecution.

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Learned Standing cousenl submits that the petitioner has equally efficacious and alternate remedy of moving application for recall of the order dated 2.5.2024 where in case he is able to satisfy the revisional court with regard to his non absence on the said date, appropriate orders can be passed by Deputy Director of Consolidation.

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Learned counsel for the petitioner, at this stage, prays that he

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may be permitted to withdraw this petition and seeks liberty to move application for recall of the order dated 2.5.2024 before Deputy Director of Consolidation.

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In light of the aforesaid, without entering into merits of the case, the petition is dismissed as not pressed with liberty to move appropriate authority.

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(Alok Mathur, J.)

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Order Date :- 14.5.2024 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Sarita Kumari v. Deputy Director of Consolidation, Faizabad and Others

Case brief

What is this about?

What did the court decide?

Sarita Kumari v. Deputy Director of Consolidation, Faizabad and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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