Mangal Prasad And Others v. Dy. Director Of Consolidation Allahabad And Others

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