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1972 Supreme(All) 270

Allahbad High Court
HARISWARUP,K.N.SINGH
Ram Pyare - Appellant
Versus
Deputy Director of Consolidation - Respondent
Decided On : 11/09/1972

Advocates:
Markandey Katju, for Petitioner; Standing Counsel, for Respondents.

Headnote:

Review - U.P. Consolidation of Holdings Act - Section 41 of the Act does not confer power to review judgments by Deputy Director of Consolidation. Applicability of Chapters IX and X of U.P. Land Revenue Act to proceedings initiated under the U.P. Consolidation of Holdings Act.

Fact of the Case:

The petition challenges the order of the Deputy Director of Consolidation dismissing the application for review of the order passed in Revision.

Finding of the Court:

The court found that Section 41 of the U.P. Consolidation of Holdings Act does not confer the power to review judgments by the Deputy Director of Consolidation.

Issues: The issue was whether Section 41 of the Act confers the power to review judgments by the Deputy Director of Consolidation.

Ratio Decidendi: The court held that Section 41 only makes applicable the provisions of Chapters IX and X of the U.P. Land Revenue Act to proceedings initiated under the U.P. Consolidation of Holdings Act, but it does not confer the power of review.

Final Decision: The petition was dismissed.

Judgement

HARI SWARUP, J. :- Through this petition the order of the Deputy Director of Consolidation dismissing as not maintainable the application for review of the order passed in Revision is being challenged. Admittedly there is no specific provision in the U. P. Consolidation of Holdings Act, hereinafter referred to as the Act, conferring on the Deputy Director of Consolidation the power to review his judgment. Learned counsel contends that Section 41 of the Act confers such power.

2. Section 41 reads as under :

"Unless otherwise expressly provided by or under this Act, the provisions of Chapters IX and X of the U. P. Land Revenue Act, 1901 shall apply to all proceedings including appeal and applications under this Act." Chapter X of the Land Revenue Act gives the power to the Board of Revenue to review its judgment. There is, however, no provision therein regarding review of orders by authorities under the U. P. Consolidation of Holdings Act.

3. In our opinion Sec. 41 of the Act only makes applicable the provisions of Chapters IX and X of the U. P. Land Revenue Act to proceedings initiated under the U. P. Consolidation of Holdings Act, including proceedings of appeal and revision. Once the proceedings are initiated under this Act, the procedure laid down in Chapters IX and X shall apply. Section 41, however, does not authorise the initiation of proceedings not contemplated or authorised by the Act. The power of review has to be specifically conferred and unless there is a provision in the Act permitting initiation of such proceedings the question of applicability of procedure laid down in Chapters IX and X of the U. P. Land Revenue Act does not arise. In the case of Qadam Singh v. Ganga Saran, 1960 All LJ 836 this Court had taken the view that no review lies. We are also of the same view.

4. The petition is accordingly dismissed.

Petition dismissed.

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