VISWANATH Vs. D D C GORAKHPUR

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is a petition under Article 226 of the Constitution seeking a writ in the nature of certiorari quashing the judgment and order dated 4-4-88 passed by the Deputy Director of Consolidation (D. D. C.), Gorakhpur, (Annexure V to the petition) and further to quash the judgment and order dated 25-1-85 passed by the Consolidation Officer, Sadar Rustampur, Gorakhpur, (Annexure II to the petition ).

(2.) NOW the parties are agreed that the D. D. C. Gorakhpur had passed an order dated 25-4-72 in revision no. 90, under Section 48 of the U. P. Consolidation of Holdings Act, 1953, Village Bhitaha, Pargana Bhauapar. This order has not been implemented by the lower courts.

(3.) BOTH the courts have committed a manifest error of law by holding that they have no jurisdiction to implement the order of the D. D. C. after the publication under Section 52 of the C. H. Act had taken place. This view of the D. D. C. and others is wrong and their order deserve to be quashed.