Court No. - 19 Case :- CONSOLIDATION No. - 423 of 2010 Petitioner :- Darshan Respondent :- Deputy Director Of Consolidation Faizabad And Others Petitioner Counsel :- Onkar Nath Tiwari Respondent Counsel :- C.S.C.,R N Gupta Hon'ble S.C. Chaurasia,J.
Heard learned counsel for the petitioner, learned Standing counsel appearing
on behalf of the opposite parties nos. 1 and 2, Shri R. N. Gupta, learned
counsel on behalf of opposite party no.4 and perused the record.
Learned counsel for the petitioner has submitted that the Appeal no. 86
preferred by Mani Ram against the order dated 30.07.2004, passed by the
Consolidation Officer, under Section 9-B of the Consolidation of Holdings
Act, was dismissed vide order dated 21.03.2005, but, the Appeal no. 218/101
was filed again by Mani Ram concealing the said fact and the said appeal was
allowed partly by the S.O.C. vide order dated 02.06.2006. His contention is
that two appeals could not be preferred against the same order by the same
person, but, the Revisional Court has not considered this aspect of the matter
correctly.
Under the circumstances, it seems necessary to call for the counter affidavit.
Issue notice to the opposite party no. 3 returnable at an early date.
Let the steps be taken within a week.
Learned Standing counsel as well as learned counsel for opposite parties nos.
3 and 4 may file counter affidavit within a period of five weeks. Rejoinder
affidavit, if any, may be filed within two weeks thereafter.
List after expiry of aforesaid period alongwith service report.
Till the next date of listing, the operation of impugned orders dated
06.05.2010 and 02.06.2006, contained as Annexure nos. 1 & 6 to the writ
petition, shall remain stayed.
Order Date :- 15.7.2010
Sanjeet