Ajeet and 3 Others v. State of U.P. and 3 Others

Court No. - 48 Case :- WRIT - B No. - 466 of 2023 Petitioner :- Ajeet And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dilip Kumar Singh Counsel for Respondent :- C.S.C,Bhola Nath Yadav Hon'ble Saurabh Shyam Shamshery,J.

¶1Heard learned counsel for the parties and perused the record.

¶2According to the office report dated 31.10.2023, service of notice to Opposite Party Nos.3 and 4 could be considered sufficient since neither the A.D. nor undelivered covers have been received back.

¶3There is merit in the arguments of learned counsel for the petitioners that while passing the impugned order dated

18.07.2022, the Deputy Director of Consolidation has not heard the petitioners despite the fact that their chaks were being affected.

¶4Shri Bhola Nath Yadav, learned counsel appearing for the applicants in the impleadment application, is not able to contradict above submissions.

¶5The contesting respondent, as referred above, despite service of notice have not appeared, therefore, there is no serious objection on their behalf also.

¶6In view of aforesaid circumstances and in the interest of justice, impugned order dated 18.07.2022 is hereby set aside and the matter remitted back to the Deputy Director of Consolidation to decide afresh, after hearing all the parties concerned in accordance with law expeditiously, preferably within a period of six months.

¶7Accordingly, the writ petition stands disposed of. Order Date :- 1.11.2023 Zafar High Court of Judicature at Allahabad