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2006 Supreme(All) 76

PRAKASH KRISHNA, A.K.YOG
FAUJDAR – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Counsel :
Ram Niwas Singh for the Petitioner; M.R. Jaiswal, S.C., O.P. Rai and R.P. Gupta for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—Faced with conflicting opinion expressed by different benches’ of co-ordinate strength (All Single Judges) and learned Single Judge referred the matter for consideration by a larger bench and the Hon’ble Chief Justice as contemplated under Rules of Court 1952 (as amended upto date) has nominated this Bench to resolve the conflict and set at rest the legal position. Consequently the matter has come up for before this Bench for adjudication.

2. Can a party to the proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) directly invoke Revisional’ jurisdiction of DDC under Section 48 of the Act by passing statutory remedy of Appeal under Section 12 of the Act.

3. The pith and substance of the issue in controversy’ can be summarized, for ready reference, as follows:

Following two questions have been framed and referred by learned Single Judge for decision:

”A. Whether the Deputy Director of Consolidation can exercise revisional jurisdiction under Section 48 against the appealable order passed by the Consolidation Officer where no appeal has been filed?

B. Whether the decisions of learned Single Judges in—

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