MISRI LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION, SITAPUR

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed with the following prayers:

(2.) IT is the case of the petitioner that by the order dated 24.8.2009 in proceedings under Rule 109 of the U.P. Consolidation of Holdings Rules (for short, the CH Rules) an order dated 22.11.1991, alleged to have been passed in Revision No. 115/118/82 has been given effect to. The case of the petitioner is that the order dated 22.11.1991 is a farzi order inasmuch as no such proceedings took place and the order has been manufactured. It is also admitted to the petitioner that he has preferred an appeal against the order dated 24.08.2009 passed in proceedings under Rule 109 of the CH Rules.

(3.) IN view of the submissions made by the learned counsel for the petitioners, as also the material on record, it is admitted that there is a report from the record -room saying that the file pertaining to the case, which has been decided by the order dated 22.11.1991, has been weeded out. In view of this admitted positio0n, the first relief claimed by the petitioners cannot be granted.