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High CourtsSingle Bench(2010) 04 AHC CK 0324

Smt. Tileshwari Devi vs Deputy Director of Consolidation and Others

Allahabad High Court · Decided on 27 April 2010 · Citation: (2011) 1 AWC 627

HON’BLE JUDGES
Satya Poot Mehrotra, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 23189 of 2010
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Judgment

12 paragraphs · 390 words

Satya Poot Mehrotra, J.—The present writ petition has been filed by the Petitioner against the order dated 17.12.2009 (Annexure 7 to the writ petition) passed by the Deputy Director of Consolidation, Ballia.

2.

It appears that an order dated 28.7.2003 (Annexure 3 to the writ petition) was passed by the Deputy Director of Consolidation, Ballia on a reference, being Reference No. 489, (Sri Ram v. Kapil Dev), made u/s 48(3) of the U.P. Consolidation of Holdings Act, 1953.

3.

Subsequently, by the order dated 6/7.6.2007 (Annexure 4 to the writ petition), the Deputy Director of Consolidation, Ballia passed an amended order u/s 48(3) of the U.P. Consolidation of Holdings Act, 1953.

4.

It further appears that the Petitioner claiming herself to be successor of Kapil Dev on the basis of a Will, filed an application dated 11.11.2009 (Annexure 6 to the writ petition), inter alia, praying for recall of the said order dated 7.6.2007, and for restoring the reference to its original number.

5.

It further appears that the Petitioner filed a Stay Application also seeking stay of the execution of the said order dated 7.6.2007 till the disposal of the restoration application.

6.

By the order dated 17.12.2009 (Annexure 7 to the writ petition), the said stay application filed on behalf of the Petitioner was rejected, and 30th December, 2009 was fixed as the date for consideration of the restoration application on merits.

7.

As per the averments made in paragraph 17 of the writ petition, on 30th December, 2009, the case could not be taken-up before the Deputy Director of Consolidation, Ballia, and 13th January, 2010 was fixed as the next date in the matter. Now, 26th May, 2010 is the date fixed in the matter.

8.

It is, thus, evident that the restoration application filed on behalf of the Petitioner before the Deputy Director of Consolidation, Ballia is yet to be decided on merits.

9.

By the impugned order dated 17.12.2009, only prayer for stay made on behalf of the Petitioner has been rejected.

10.

Having perused the impugned order dated 17.12.2009 passed by the Deputy Director of Consolidation, Ballia, I do not find any illegality or infirmity in the said order.

11.

The writ petition filed by the Petitioner lacks merit, and the same is liable to be dismissed.

12.

The writ petition is accordingly dismissed.