TILAK RAM Vs. DEPUTY DIRECTOR OF EDUCATION ALLAHABAD

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 16.6.1995 passed by respondent No. 1.

(3.) LEARNED counsel for the petitioners vehemently urged that the judgment and order passed by this Court in Writ Petition No. 4365 of 1980 has become final between the parties. The same operates as res judicata. It has also been urged that the orders passed by the authorities below merged in the order passed by this Court in Writ Petition No. 4365 of 1980. The Deputy Director of Consolidation, therefore, had no jurisdiction to subsequently pass an order contrary to the order passed by this Court. According to him, the Deputy Director of Consolidation has committed contempt of this Court. It was further urged that the contesting respondents have slept over their rights for about 11 years, therefore, there was no justification for the Deputy Director of Consolidation to entertain their application for inviting a reference, he should have rejected the said application as not maintainable and barred by limitation.