Allahabad High Court
Kashi Prasad vs D.D.C. Mahoba And Ors. on 29 January, 2020
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - B No. - 13337 of 1998 Petitioner :- Kashi Prasad Respondent :- D.D.C. Mahoba And Ors. Counsel for Petitioner :- V.S. Singh,Alok Kumar Yadav,Niraj Tripathi,Vishwajeet Singh Counsel for Respondent :- C.S.C,Arti Saxena,Indra Dev,N.K. Saxena,R.C. Dwivedi,Tarun Kumar Tripathi Hon'ble Anjani Kumar Mishra,J.
Heard Shri Alok Yadav, counsel for the petitioner and Shri R.C. Dwivedi, counsel for the heir of the respondent No. 3.
The instant writ petition arises out of proceedings for allotment of chaks and seeks a writ of certiorari for quashing the order dated 31.03.1998 passed by the respondent No. 1 whereby two revisions filed by the contesting respondents have been allowed by a common order disturbing the chak of the petitioner.
Counsel for the petitioner has submitted that an objection filed by one Amendra Prasad was allowed by the Consolidation Officer. The petitioner was however not aggrieved by this order.
The contesting respondents who were aggrieved filed separate appeals which were dismissed by the Settlement Officer Consolidation. They therefore, filed two separate revisions which as noticed above, have been allowed by the common order which are impugned in this writ petition.
The contention of counsel for the petitioner is that his compact chak has been disturbed by the impugned order and merely asking of the respondent. The case of the petitioner has not at all been adverted to in the impugned order.
In my considered opinion and since the order impugned is a non speaking order which does not advert the case of the petitioner at all, the same cannot be sustained and must necessarily be set aside.
Accordingly I allow the writ and set aside the impugned order dated 31.03.1998 and the remand the matter back to the Deputy Director Consolidation for fresh consideration.
It is further provided that this exercise shall be concluded expeditiously as positively within a period of six month from the date of a certified copy of this order is filed before the first respondent.
Order Date :- 29.1.2020 Priyanka