AMBRISH KUMAR AND OTHERS Vs. STATE OF U.P. THROUGH SECRETARY, DEPARTMENT OF REVENUE, U.P. AND OTHERS
LAWS(ALL)-2006-1-341
HIGH COURT OF ALLAHABAD
Decided on January 05,2006

Ambrish Kumar And Others Appellant
VERSUS
State Of U.P. Through Secretary, Department Of Revenue, U.P. And Others Respondents

JUDGEMENT

Krishna Murari, J. - (1.) Heard Sri Dharmendra Singh holding brief of Sri Mahipal Singh, learned Counsel for the petitioners.
(2.) The proceedings for compliance of the order dated 15.1.1991 passed by Deputy Director of Consolidation was initiated by the petitioners: However, when the said proceedings could not be completed the petitioners approached this Court by filing Writ Petition No. 27752 of 2003. The said writ petition was disposed of by this Court with a clear direction to the Consolidation Officer to take appropriate decision in the matter within a period of three months from the date of receipt of a certified copy of the order. This Court while passing the aforesaid order had noted that the State has filed an application dated 19.4.2004 for recalling the order dated 15.1.1991 which is pending. It was observed by the Court as follows: "So far submission of the learned Standing Counsel that against the order of the Deputy Director of Consolidation dated 15.1.1991 of which compliance is sought on 19.4.2004 restoration application has been filed by the State, suffice it to say that as and when that application is allowed and something comes in favour of the respondents, completion of the present exercise will have to be modified pursuant to the decision if any taken by the Revisional Court in the restoration application. In no case merely on account of filing of the restoration application even the proceedings in question cannot be directed to be remain held up."
(3.) During pendency of the restoration application, an application was moved by the State seeking stay of the order dated 15.1.1991. Without even issuing notices the Deputy Director of Consolidation vide order dated 24.6.2005 stayed the operation of the order dated 15.1.1991. As a consequence of the said order, the Consolidation Officer vide order dated 18.8.2005 stayed the proceedings.;


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