Abdul Raheem vs Joint Director of Consolidation Azamgarh and Others

R.P. Mishra, J.—Heard learned counsel for the parties.

The petitioner moved an application dated 6101994 before the Deputy Director of Consolidation, Azamgarh, on which the order was passed by the Deputy Director of Consolidation on the same day that the supplementary affidavit be kept on record. However, this application was not decided. As this application has not been decided, the order passed by the Deputy Director of Consolidation dated 10101994 is quashed. If the Deputy Director of Consolidation comes to this conclusion that this application was filed and not decided by him, he may decide the same. While going so the chak of the contesting respondent shall not be disturbed. However, without disturbing the Chak of respondent No. 3 Altaf son of Ahsan the writ petition is partly allowed. The orders dated 2921992 and 10101994 are partly quashed after affording opportunity to the concerned parties. The Deputy Director of Consolidation while deciding the matter will keep in view the circular, dated 2631981 issued by the Deputy Director of Consolidation.

In the circumstances of the case the parties will bear their own expenses.