NAGAR PALIKA PARLSHAD Vs. ASHA RAM (DEAD) THROUGH LRS.AND OTHERS
LAWS(ALL)-2008-9-280
HIGH COURT OF ALLAHABAD
Decided on September 23,2008

Nagar Palika Parlshad Appellant
VERSUS
Asha Ram (Dead) Through LRs.and others Respondents

JUDGEMENT

KRISHNA MURARI, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE order dated 20.6.2003 passed by the Deputy Director of Consolidation in proceedings under section 48(3) of U.P. Consolidation of Holdings Act was chal­lenged by the predecessor-in-interest of respondent Nos. 1/1 to 1/3 by filing writ petition No. 27204 of 2003. This Court vide order dated 2.7.2003 disposed of the writ petition with liberty to the petitioner therein to file objection before the Deputy Director of Consolidation within a period of one month and the Deputy Director of Consolidation was directed to pass fresh orders in reference proceedings after hearing the concerned parties. The Court fur­ther directed that till the matter is decided by the Deputy Director of Consolidation the order dated 20.6.2003 impugned in the writ petition shall be kept in abeyance. The grievance of the petitioner is that misreading and misinterpreting the order dated 2.7.2003 passed by this Court Deputy Director of Consolidation vide or­der dated 29.12.2006 passed an order that since this Court had kept the order dated 20.6.2003 in abeyance as such the same is set aside and the reference is not to proceed, any further and dropped the proceed­ings. Thereafter, the petitioner moved an application to recall the said order on the ground that it was passed without hearing them which has also been rejected.
(3.) IT has been urged by learned Counsel for the petitioner that Deputy Di­rector of Consolidation has wrongly and illegally dropped the proceedings on the ground that the order dated 20.6.2003 has been kept in abeyance by this Court with­out following the specific direction to de­cide the reference proceedings after hearing the parties.;


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