LALA RAM Vs. D D C KANPUR DEHAT

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is a petition under Articles 226 of the Constitution seeking a writ in the nature of certiorari quashing the orders dated 7. 7. 94 and 7. 9. 94 (Annexures 6 and 7 to the petition) passed by the Deputy Director of Consolidation, Kanpur Dehat. He has further prayed for a writ or order in the nature of manadamus directing the respondents to carve out the Chak of the petitioners absolutely in accordance with appellate order dated 6. 8. 83 (Annexure 1) along with its correction slip and Form 23 issued in favour of the petitioners vide Annexure 2.

(2.) IT appears that both the lower courts acted under a misapprehension. Therefore, the correct facts were not appreciated by them.

(3.) THE petitioners moved an application before the S. O. C. for correction of the same. THE S. O. C. sent a reference disapproving the prayer made by the petitioners. THE Dy. Director of Consolidation (D. D. C.), Kanpur Dehat rejected the same as a revision had been filed by the petitioners, which had not been mentioned therein, whereas, the petitioners have denied that they ever filed any revision. An application for review was also rejected by the learned D. D. C. on 7. 9. 94. THErefore, this petition has been filed.