Court No. - 5
Case :- WRIT - B No. - 50761 of 2010
Petitioner :- Mangal Prasad And Others
Respondent :- Dy. Director Of Consolidation Allahabad And Others
Petitioner Counsel :- K.K. Singh
Respondent Counsel :- C.S.C.,D.D. Chauhan
Hon'ble Vikram Nath,J.
Heard the learned counsel for the petitioners.
The argument advanced on behalf of the petitioners is that before the Deputy
Director of Consolidation, by mistake two restoration applications had been
filed for recall of the same order. Later on, the second restoration application
was not pressed by the counsel but the Deputy Director of Consolidation by
order dated 25.5.2009 dismissed both the restoration applications treating
them to be not pressed. In these circumstances, it has been submitted that the
Deputy Director of Consolidation committed illegality in dismissing the
earlier restoration application as not been pressed also.
If this was the case, the appropriate remedy for the petitioners was to apply
for recall before the Deputy Director of Consolidation. In case the petitioners
apply for recall the Deputy Director of Consolidation will pass appropriate
orders in accordance with law on such recall application. This writ petition
cannot be entertained for the reasons stated above. It is accordingly dismissed.
Order Date :- 26.8.2010
pk
Neutral Citation No. - 2010:AHC:104029