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2025 DAILYLAW 139080 (ALL)

ANAND KUMAR v. DEPUTY DIRECTOR OF CONSOLIDATION, UNNAO AND 2 OTHERS

WRIB/421/2025 · 2025-05-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27032 Court No. - 7 Case :- WRIT - B No. - 421 of 2025 Petitioner :- Anand Kumar Respondent :- Deputy Director Of Consolidation, Unnao And 2 Others Counsel for Petitioner :- Manoj Kumar Gupta,Achyutanand Pathak Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. 1) Heard learned Counsel for the petitioner and Sri Hemant Kumar Pandey, learned Standing Counsel appearing for the State and perused the records. 2) In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. 3) The instant petition has been preferred seeking following main relief(s):- "i) Issue a writ come order or direction in the nature of Certiorari quashing thereby the order dated 16.12.2019 passed by O.P. No. 1 in Restoration Application dated 06.07.2017 filed in Revision No. 241/547 (Vijay Kumar Vs. Mahatma Gandhi Uchch Madhyamik Vidyalaya, Taura)the impugned order dated contained in Annexure number 1 to this writ petition respectively." 4) By means of the present petition, the petitioner has assailed the order dated 16.12.2019 passed by opposite party no.1/Deputy Director of Consolidation, District-Unnao (in short 'DDC'). 5) Vide impugned order, the DDC has rejected the restoration application of the petitioner, preferred in Revision No. 241/547 (Vijay Kumar Versus Mahatma Gandhi Uchch Madhyamik Vidyalaya, Taura) filed under Section 48 of U.P. Consolidation of Holdings Act, 1953 (in short 'Act of 1953') decided on merits vide order dated 15.03.2013. 6) Upon due considerations of the facts of the case as also the submissions of learned Counsel for the parties, this Court is not inclined to interfere in the impugned order dated 16.12.2019. It is for the following facts and reasons:- (i) The revision no. 241/547, detailed above, filed under Section 48 of the Act of 1953, was decided on merits, after hearing the parties. 2 (ii) It would be apt to indicate that Vijay Kumar/the revisionist in revision no. 241/547, is the father of present petitioner namely Anand Kumar. (iii) To recall the final order passed on merits after providing proper opportunity of hearings to the parties, an application dated 06.07.2017 was preferred by the petitioner after the death of his father namely Vijay Kumar. (iv) As per the judgment of the Full Bench of this Court passed in the case of Smt. Anar Kali and others v. Deputy Directory of Consolidation and others reported in [1997 (15) LCD 921] as also in the case of  Smt. Shivraji and others v. Dy. Director of Consolidation, Allahabad and others reported in 1997 SCC OnLine All 505, the authority under the Act of 1953, are not empowered to review/recall the judgments passed on merits. (v) The original order dated 15.03.2013 passed in the revision no. 241/547, on merits has not been challenged. (vi) The laches in approaching this Court with regard to challenging the order dated 16.12.2019 has been explained, based upon the order dated 23.12.2023 passed by the ADM (Judicial), District-Unnao, in case instituted under Section 128 of U.P. Revenue Code, 2006 ( in short 'Code of 2006') registered as Case No. 01949/2021, computerized case no. D202110690001949, (Anand Kumar and Others Versus Sukhram and Others), whereby the prayer to cancel the patta provided to the opposite parties in the said case over gata no. 893(old gata no. 1153), gata no. 1246 (old gata nos. 2084M and 2087M), have been declined vide order dated 23.12.2023. This explanation to the view of this Court is not sufficient. (vii) Laches for the period i.e. period between the order dated 23.12.2023 and filing the present petition in the Registry of this Court on 05.05.2025, has not been explained. 7) Accordingly, no interference in the order impugned is required by this Court in exercise of power vested under Article 226/227 of the Constitution of India. The petition is accordingly dismissed. 8) Cost made easy. Order Date :- 08.05.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench