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2011 Supreme(All) 709

ASHOK BHUSHAN, A.P.SAHI
SHRI RAM – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, ALLAHABAD – Respondent


Advocates:
Counsel :
G.K. Maurya, Ramesh Rai for the Petitioners; V.K. Singh, A.A.G., V.K. Chandel; V.B. Srivastava, R.P. Kanaujia and R.S. Chaudhary for Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—This Bench has been constituted by order of Hon’ble The Chief Justice dated 3.8.2009 to answer the following five questions as framed by eferring order dated 21.7.2009, by the learned Single Judge hearing the writ petition:

"(I) Whether the law laid down by the learned single Judge in the case of Jagdeo and others v. Deputy Director of Consolidation, Allahabad, and others, 2006 (101) RD 216, is in conflict with the other decisions of this Court referred to herein above and as noticed by the learned single Judge himself in paragraph No. 32 of the said judgment?

(II) Whether the learned single Judge merely because of having arrived at a different conclusion as against the decisions cited to the contrary, on a consideration of additional aspects, could have rendered the decision himself, instead of referring the matter to a larger Bench in view of the law laid down in the case of Rana Pratap Singh and others v. State of U.P. and others, 1995 ACJ 200?

(III) Whether the learned single Judge in Jagdeo’s case was justified in invoking the principles of the doctrine of estoppel and acquiescence for creating an implied bar merely because a co-tenant had fa



































































































































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