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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD, NAWNEET KUMAR PANDEY
Asharfi Tiwari – Appellant
Versus
Joint Director, Consolidation (Muzaffarpur), Patna – Respondent
Chakradhari Sharan Singh, J. – These matters have been placed before the Full Bench in the light of a reference made by this Court vide order dated 08.11.1988 passed in CWJC No. 4631 of 1986. An order passed in CWJC No. 4572 of of 1986 has been noticed in the reference order, whereby the said case was referred to a Division Bench for consideration as to whether this Court’s decision in the case of Shyam Bihari Upadhyay & Ors. vs. State of Bihar & Ors. (AIR 1985 Patna 275) lays down the correct law.
2. On a careful reading of the order sheet of CWJC No. 4572 of 1986, we, however, find that though the said writ petition was directed to be heard by a Division Bench, there is no mention of doubting the correctness of the decision rendered in the case of Shyam Bihari Upadhyay & Ors. (supra). In order to appreciate the core legal issues raised in the reference order, it is deemed apt to reproduce the reference order, which reads as under: –
" The fate of this application depends to a very great extent on the interpretation put to Section 13 and 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act. Section 13 of the Act inter alia, says that after the draft consoli
The Deputy Director of Consolidation under Section 48 of the U.P. Consolidation of Holdings Act, 1953, cannot re-appreciate evidence or substitute findings made by subordinate authorities unless empo....
The jurisdiction of consolidation authorities under the U.P. Consolidation of Holdings Act, 1953, post-notification under Section 52(1) is ambiguous and requires clarification by a larger bench.
The Deputy Director of Consolidation has the authority to examine and decide cases on merits without unnecessary remand, emphasizing the need for expedient resolution of disputes.
Parties must show vested interest to contest consolidation proceedings; the Revisional Authority has the power to rectify procedural lapses under Section 48 of the U.P. Consolidation of Holdings Act,....
The main legal point established is that revisions under Section 48 of the Consolidation of Holdings Act must be decided after affording the parties an opportunity of being heard, and the authority m....
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