Disposed

Devtadeen v. Deputy Director of Consolidation, Bahraich and Others

Allahabad HC22 May 2024/532/2024

Case brief

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What is this about?

The High Court disposed of the writ petition without entertaining merits, granting the petitioner liberty to file an application to vacate or recall the interim stay order. It directed the respondent to decide the stay application expeditiously with a hearing.

What did the court decide?

Liberty granted to the petitioner to move an application for vacation or recall of the stay order dated 14.2.2024; the respondent directed to decide expeditiously.

Devtadeen Vs Deputy Director of Consolidation… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38884

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Court No. - 18

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Case :- WRIT - B No. - 532 of 2024

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Petitioner :- Devtadeen Respondent :- Deputy Director Of Consolidation, Bahraich And Others Counsel for Petitioner :- Pawan Kumar Sharma Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard.

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The present writ petition has been preferred by the petitioner for quashing of the impugned interim order dated 14.2.2024 passed by respondent No.1, Deputy Director of Consolidation, Bahraich in Revision No.370 'Dharmraj and others vs. Devtadeen And others , under 48 of the Consolidation of Holdings Act, 1953.

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Learned counsel for the petitioner has submitted that the revision was filed against the judgment and order dated 29.1.2024 passed in an Appeal under Section 11 (1) of Act, 1953, in which the petitioner was respondent and appeal was decided in his favour. Against the said appellate order, the revision was preferred by the respondent Nos. 3 and 4 and the Revisional Court admitted the appeal and passed an order of status quo without hearing the petitioner, though, the caveat was filed.

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On being asked from the learned counsel for the petitioner whether the petitioner has moved any application for vacation of the impugned stay order dated 14.2.2024 bringing on record the facts which have been mentioned in the present writ petition, learned counsel for the petitioner has submitted that no such application has been preferred by the petitioner and he has directly approached this Court by filing the present writ petition and prayed that the present writ petition may be disposed of with a liberty to the petitioner to move a stay/ recall application against the order dated 14.2.2024 and the direction may be issued to the respondent No.1 to decide the same expeditiously or within a period fixed by this court.

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Learned State counsel has no objection to the prayer made by petitioner.

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On the request of learned counsel for the petitioner, without entering into the merits of the case, the present writ petition is disposed of with a liberty to the petitioner to move an appropriate application either vacation or recall of the order dated 14.2.2024 and if any such application is preferred by the petitioner, it is expected that the respondent No.1 shall decide the same expeditiously, in accordance with law, by giving opportunity of hearing to all the parties and without granting any unnecessary adjournment to either of the parties.

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Order Date :- 22.5.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Devtadeen v. Deputy Director of Consolidation, Bahraich and Others

Case brief

What is this about?

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Devtadeen v. Deputy Director of Consolidation, Bahraich and Others

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