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2025 DAILYLAW 109692 (ALL)

REENA v. DEPUTY DIRECTOR OF CONSOLIDATION AND 9 OTHERS

WRIB/4587/2024 · 2025-02-10

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19018 Court No. - 49 Case :- WRIT - B No. - 4587 of 2024 Petitioner :- Reena Respondent :- Deputy Director Of Consolidation And 9 Others Counsel for Petitioner :- Karuna Nidhi Pandey,Sharad Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. 1. On 31.01.2025, we passed the following order: "An affidavit bearing No. 2 of 2025 has been filed by the Consolidation Officer, Sadar-I, Azamgarh, Jitendra Kumar Singh. In paragraph No. 6 of the said affidavit it is averred: "That the deponent has humbly submitted that the restoration application no. 20245415657010234 of 2024 has been decided vide order dated 21.01.2024, after hearing the parties and restoration application has been allowed setting aside the order dated 09.01.2024. For kind perusal of this Hon'ble Court, true copy of the order dated 21.01.2025 passed by the deponent/Consolidation Officer, Sadar-I, Azamgarh is being filed herewith and marked as Annexure No.-1 to this affidavit." A perusal of the affidavit shows that though the Consolidation Officer has decided the restoration application, but he has not explained himself why he be not regarded guilty of promoting strike by accepting strike resolutions of the Bar in violation of the directions of the Supreme Court repeatedly issued in this regard. Let a further affidavit be filed on the said point by the Consolidation Officer, Sadar-I, Azamgarh on or before 10th February, 2025. Lay as fresh on 10th February, 2025. Let this order be communicated to the Consolidation Officer, Sadar- I, Azamgarh through the Civil Judge (Senior Division), Azamgarh by the Registrar (Compliance) within 72 hours." 2. In compliance with the said order, Jitendra Kumar Singh, Consolidation Officer, Azamgarh has filed his personal affidavit showing cause. Let it be taken on record and numbered by the office. 3. In paragraph nos. 5 to 10 of the aforesaid affidavit, it is averred: "5. That the deponent most respectfully submits that being a responsible Government Officer, he has the highest regards for the majesty and the orders passed by this Hon'ble Court. The deponent never intended and cannot think to disobey any order or direction of this Hon'ble Court. However, even if this Hon'ble Court comes to the conclusion that any act or omission on the part of the deponent is in violation of any of the orders passed by this Hon'ble Court, the deponent tenders his unconditional and unqualified apology for the same. 6. That deponent has decided Restoration Application vide order dated 21.01.2025 and has filed affidavit before this Hon'ble Court tendering his unconditional and unqualified apology before this Hon'ble High Court. 7. That deponent always comply with the orders passed by the Hon'ble Apex Court as well as this Hon'ble Court in its pith and substance and never flouted any order passed by Hon'ble Apex Court as well as this Hon'ble Court. 8. That deponent never promoting strike by accepting strike resolution of Bar Association as a Presiding Officer of the Court. 9. That deponent always works with honesty by sitting in the Court but due to call of the Bar Association Strike, none of the counsel for the either side appeared and as such order could not be passed on merit. 10. That the deponent again tenders his unconditional and unqualified apology for the aforesaid omission inadvertently occurred on his part and further undertakes that such mistake may not occur in future even after call of the Bar Association and deponent perform his duties as Presiding Officer." 4. In view of the undertaking given by the Consolidation Officer, Azamgarh that he will never act on a call of the Bar to their members to abstain from judicial work and apology offered by him, this part of the matter stands closed. 5. So far as the direction to expedite proceedings is concerned, it is evident that the petitioner's restoration application has been decided vide order dated 09.01.2024. 6. In view of all these developments, no further orders are required to be made in this petition. It is, accordingly, consigned to record. 7. Let this order be communicated to the Consolidation Officer, Azamgarh and the District Magistrate, Azamgarh through the Civil Judge (Senior Division), Azamgarh by the Registrar (Compliance) within 48 hours. Order Date :- 10.2.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad