RAJPAT SINGH Vs. THE JOINT DIRECTOR OF CONSOLIDATION, DISTRICT ETAWAH AND OTHERS
LAWS(ALL)-1989-7-124
HIGH COURT OF ALLAHABAD
Decided on July 25,1989

Rajpat Singh Appellant
VERSUS
The Joint Director Of Consolidation, District Etawah And Others Respondents

JUDGEMENT

R.P. Singh, J. - (1.) The only grievance of the petitioner in this writ petition is that the order passed by the Deputy Director of Consolidation dated 24-9-88 has not been implemented while carrying out the chak and when the petitioner approached the Deputy Director of Consolidation to examine this and pass necessary order so that his order dated 24-9-88 may be implemented while carrying out the chak, the Deputy Director of Consolidation vide his impugned order dated 1-5-89 held that he has no jurisdiction to review his earlier order and hence he has no jurisdiction to entertain the application of the petitioner and pass a fresh order.
(2.) After hearing learned counsel for the petitioner and going through the record, I feel that the writ petition can be disposed of at this stage. The contention of the learned counsel for the petitioner only is that even though the Deputy Director of Consolidation had allowed the relief to the petitioner vide his order dated 24-9-88 and ordered that his chak may be extended on the west up to plot no. 480, in which village market is held, but while preparing the Schedule attached along with the order showing amendment in the chak, the petitioners chak has not been carved out in accordance with the order passed by the Deputy Director of Consolidation extending his chak on the west up to plot no. 480. Since the order passed by the Deputy Director of Consolidation was not implemented in the Schedule, hence the petitioner approached the Deputy Director of Consolidation to make necessary corrections so that the order passed by him may be implemented as ordered by him vide his order dated 24-9-88. The Deputy Director of Consolidation while passing the order dated 1-5-89 appears to think that it amounts to reviewing of his earlier order and hence seems to be reluctant to examine this aspect of the case. However, it is well settled that every court or Tribunal has an inherent jurisdiction to correct its own mistake. If there is any mistake in implementation of its order, every court or Tribunal has jurisdiction to examine it and pass necessary order. It will be open to the petitioner to approach the Joint Director of Consolidation and show him that the order passed by him earlier on 24-9-88 has not been correctly implemented in the Schedule while carving out a chak. If approached the Deputy Director of Consolidation may examine this prayer of the petitioner and if he is satisfied that there is any mistake in the Schedule showing amendment in the chak, which is not in accordance with the order passed by him, it will be open to the Deputy Director of Consolidation to pass necessary order. With this observation the writ petition is finally disposed of.
(3.) Copy of this order may be given to the learned counsel for the petitioner on payment of usual charges within two days.;


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