Court No. - 3 Case :- CONSOLIDATION No. - 17 of 2010 Petitioner :- Deep Narain Singh And Ors. Respondent :- Smt. Avadhraji And Ors. Petitioner Counsel :- S.K.Mehrotra Respondent Counsel :- C.S.C,Mohd. Aslam Khan,R P Shukla Hon'ble Shri Narayan Shukla,J.
Heard Mr.S.K.Mehrotra, learned counsel for the petitioners as well as
Mr.R.P.Shukla, learned counsel for the opposite parties.
The petitioners have challenged the order dated 18th of November, 2009,
passed by Mr.J.P.Tewari, Deputy Director of Consolidation, Faizabad, on the
ground that despite application for adjournment as petitioners’ counsel was
busy in performing the rituals on the event of death of his father, he proceeded
to fixed the matter just after two days. Since the position was the same on
that very date also the counsel was not available he proceeded to decide the
matter on merit.
The petitioners moved an application for transfer, therefore, treating the order
as an exparte order, I hereby quash the same and remit the matter to the
Collector, who is the District Deputy Director of Consolidation to hear the
revision and decide the same after providing opportunity of hearing to the
parties concerned.
Mr.R.P.Shukla, learned counsel for the opposite parties raised objection that
by seeking adjournment the petitioners are interested to linger on the matter
for one or the other reason, therefore, I hereby provide that the learned
counsels for the respective parties, who are being represented through their
counsels before this court, shall appear before the District Deputy Director of
Consolidation on 28th of January, 2010 and without taking any adjournment
on any other ground they shall submit their stand. Accordingly the authority
concerned shall decide the revision expeditiously. If any legal impediment is
there with the authority on 28th of January, 2010 he shall postpone the matter
for the next date and accordingly he shall conclude the hearing of the case by
continuing with day-to-day hearing of the case.
With the aforesaid observations and directions the writ petition is disposed of
finally.
13.1.2010/Banswar
Let a certified copy of this order be given to the learned counsels for the
parties on payment of necessary charges today itself.
Order Date :- 13.1.2010
Banswar