Deepak Kumar Sharma v. Deputy Director of Consolidation, Varanasi
2015-11-20
ANJANI KUMAR MISHRA
body2015
DigiLaw.ai
JUDGMENT Anjani Kumar Mishra, J. The grievance of the petitioner in the writ petition is that certain orders passed by Consolidation Authorities which attained finality are not implemented on the spot. In view of the said averments, learned Standing Counsel have been directed to obtain instructions. The instructions have been duly received and the copy of the same provided for perusal of the Court is taken on record. The instructions are to the effect that after demarcation delivery of possession has been effected as was demanded by the petitioner. The counsel for the petitioner states that in view of said statement this writ petition does not survive and may be consigned to the record. 2. Sri Shambhavi, Advocate has put in appearance on behalf of respondent-3 in Court today. The same is taken on record. 3. He states that the entire proceedings against respondent-3 are fraudulent and his restoration application which was pending has been dismissed by manipulation and without hearing him and thereafter by means of this writ petition the orders are sought to be implemented on the spot. He states that against the order dismissing his restoration application, he has already filed a recall application before Deputy Director of Consolidation but the same is not considered as the Court is vacant. 4. Under the circumstances, therefore, it is provided that the respondent in case if so desires may approach District Deputy Director of Consolidation for passing appropriate orders on his restoration application. 5. In such view of the matter a period of 15 days time from today, the parties are restrained from raising any construction over the land in dispute. 6. Accordingly, subject to the aforesaid direction and observation, this writ petition is disposed of.