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[Cites 2, Cited by 3]

Allahabad High Court

Anand Narayan vs Deputy Director Of Consolidation And ... on 22 March, 2021

Author: Yashwant Varma

Bench: Yashwant Varma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - B No. - 1902 of 2020
 
Petitioner :- Anand Narayan
 
Respondent :- Deputy Director Of Consolidation And Another
 
Counsel for Petitioner :- Lavkush Kumar Bhatt
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Yashwant Varma,J.
 

Heard learned counsel for parties.

The instant writ petition has been preferred seeking the following primary relief:

"(i) Issue a writ, order of direction in the nature of Mandamus commanding and directing the respondent no. 1 to decide Revision No. 263 of 2013 under Section 48 of C.H. Act relating to Village Takipur Majra/Mauja Mohammadabad, Pargana Mohammadabad, Tehsil Sadar, District Farrukhabad (Anand Narayan Vs. Rajendra Singh) expeditiously in a short stipulated period."

Learned counsel appearing for the contesting private respondent point out that they have taken a preliminary objection to the maintainability of the revision itself since according to him the same is not maintainable being directed against an interlocutory order.

Notwithstanding the above and bearing in mind the relief which is sought, this petition shall stand disposed of with a direction to the competent Court to proceed to decide the revision in question with expedition and without granting any unnecessary adjournment to respective parties. The Court further clarifies that the concerned Court shall ensure that the preliminary objection stated to have been taken is decided at the outset before proceeding to hear the revision on merits. All contentions of respective parties are kept open.

The aforesaid direction is subject to the roster of the concerned Court and the pendency of older cases.

Order Date :- 22.3.2021/Arun K. Singh (Yashwant Varma, J.)