AMAR CHAND SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri B. P. Singh Kachhawah, learned Counsel for the appellant-petitioners and Sri Vikram Vijai Singh, learned standing Counsel for the State.

(2.) THIS special appeal is directed against the order passed by learned Single Judge whereby learned Single Judge held the writ petition as not maintainable and dismissed the same in limine. Learned Single Judge held that the U. P. Consolidation of Holdings Act is self contained Act and remedy lies against the order by which the appellant-petitioners are aggrieved. It was open to the appellant-petitioners to raise objection in terms of the Act.

(3.) IN view of the matter we direct that the District Magistrate being the Director of the Consolidation shall consider the objection of the appellant petitioners by making proper enquiry into the investigation and pass a reasoned order on the same after hearing the writ petitioners and other interested parties within two months. IN the meantime status-quo shall be maintained. The order passed in the writ petition is modified to the extent indicated above.