Allahabad High Court
Brij Lal And Others vs Deputy Director Of Consolidation And ... on 5 January, 2010
Author: Sabhajeet Yadav
Bench: Sabhajeet Yadav
Court No. - 5 Case :- WRIT - B No. - 68955 of 2009 Petitioner :- Brij Lal And Others Respondent :- Deputy Director Of Consolidation And Others Petitioner Counsel :- S.N. Tripathi Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Sabhajeet Yadav,J.
Heard learned counsels for the parties.
By this petition, the petitioners have challenged the order dated 27.8.2009 passed by Deputy Director of Consolidation, Gorakhpur, whereby the order dated 20.8.2004 passed by Consolidation Officer has been set aside. Vide order dated 20.8.2004 passed by Consolidation Officer the restoration application moved by the petitioners was allowed and the matter was open for adjudication on merit.
In my opinion, the order passed by Consolidation Officer can not be faulted with. Contrary to it, the view taken by Deputy Director of Consolidation can not be sustained. Accordingly, the order passed by Deputy Director of Consolidation is hereby quashed. It shall be open for the Consolidation Officer to proceed with the case in accordance with law. With the aforesaid observation and direction the writ petition stands disposed of.
Order Date :- 5.1.2010 KKM