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1965 Supreme(All) 220

G. D. SAHGAL, LAKSHMIPRASAD, M. C. DESAI
Prem Chandra – Appellant
Versus
Dy. Director of Consolidation, Bara Banki – Respondent


Advocates:
Har Gur Charan Srivastava, for Petitioners ; Standing Counsel and M.L. Trivedi, for Opposite Parties Nos. 5 and 6.

Judgement

DESAI, C. J. :- In this petition our brothers Beg and Sharma have referred to a larger Bench the following questions :

"1(a). On the facts and circumstances of the case was a revision against the order of the Deputy Director dated 22-3-1963 maintain able in the present case?

(b) If so, would such a revision he governed by amended Section 48 or Section 48 as it stood prior to its amendment by Act VIII of 1963?

2. On the facts and circumstances of the case, was the Deputy Director, Bara Banki competent to hear a revision petition against the order of the Deputy Director Camp Bara Banki dated 22-3-1963, passed in the second appeal by the latter ?

3. Is the order of the Deputy Director Bara Banki dated 14-6-1963 depositing the aforesaid revision a legally correct order' ?

Similar questions have been referred in the associated petitions.

The material facts in this petition are as follows :

An order under S. 10 of the Consolidation of Holdings Act was passed by a Consolidation Officer on 17-10-1962. Under section 11(1) an appeal lay from an order passed under S. 10 to a Settlement Officer and such an appeal was filed and was decided by a Settlement Officer on 21-12-1962. Under section















































































































































































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