Premwati v. Dy. Director of Consolidation Bareilly and 5 Others

Court No. - 48 Case :- WRIT - B No. - 45809 of 2017 Petitioner :- Premwati Respondent :- Dy. Director Of Consolidation Bareilly And 5 Others Counsel for Petitioner :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Respondent :- C.S.C.,Anil Tiwari,Bhola Nath Yadav,Dharmendra Shukla,Pradeep Kumar Sharma,Priyanshu Dwivedi,Tarun Agrawal Hon'ble Saurabh Shyam Shamshery,J.

¶1Heard Sri Vinod Shankar Tripathi, learned counsel for petitioner and Sri Sri Tarun Agarwal on behalf of respondent no.4.

¶2At the outset, an objection has been raised on behalf of respondent no.4 that petitioner before this Court after filing the present writ petition has filed a restoration application on

15.5.2023/15.9.2023 without disclosing that a writ petition was pending before this Court. Certified copy of same is placed on record by way of filing a supplementary affidavit which is taken on record today.

¶3Learned counsel for the petitioner has inquired from pairokar present in Court. However, he has shown ignorance. Learned counsel for the petitioner fairly submits that since certified copy of the same has been annexed along with supplementary affidavit, therefore, authenticity of said document cannot be disputed at this stage and he fairly submitted that this writ petition be disposed of with an observation that restoration application so pending be decided expeditiously within a time bound manner. He further submits that liberty be reserved to the petitioner to approach this Court if grievance of petitioner still exists after decision of restoration application.

¶4Learned counsel for respondents fairly submits that aforesaid submission could be considered and appropriate orders be passed.

¶5In the aforesaid circumstances, without interfering with the impugned order at this stage since the petitioner has filed a restoration application and certified copy of which is already placed on record, therefore, this writ petition is disposed of with the observation that Deputy Director of Consolidation will decide the above referred restoration application on merit within a period of three months from today after considering the rival submissions including the issue of limitation.

6.Petitioner will be at liberty to take recourse of legal remedy if circumstances so warrant. Order Date :- 17.10.2023 SB High Court of Judicature at Allahabad