SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1996 Supreme(All) 374

HIGH COURT OF ALLAHABAD
A.P.Singh
KAPIL DEV
Versus
D D C FAIZABAD
Decided On : 02 April 1996
Writ Petition No-203 of 1995

Advocates Appeared:
A.S.CHAUDHARY, P.V.Chaudhary, R.V.CHAUDHARY, S.K.Mehrotra,

After the close of consolidation operations in a village under Section 52 (1) of the U. P. Consolidation of Holdings Act, consolidation courts cease to have jurisdiction to entertain any fresh matter, including appeals, revisions, or applications for implementation of earlier orders.

Headnote:

U. P. CONSOLIDATION OF HOLDINGS ACT - SECTION 52 - CLOSE OF CONSOLIDATION OPERATIONS - JURISDICTION OF CONSOLIDATION COURTS - AFTER CLOSE OF CONSOLIDATION OPERATIONS, CONSOLIDATION COURTS CEASE TO HAVE JURISDICTION TO ENTERTAIN ANY FRESH MATTER, INCLUDING APPEALS, REVISIONS, OR APPLICATIONS FOR IMPLEMENTATION OF EARLIER ORDERS.

Fact of the Case:

Petitioner sought to challenge the order of the Settlement Officer (Consolidation) and the revisional order passed by the Deputy Director of Consolidation, Faizabad, under Section 48 of the U. P. Consolidation of Holdings Act. The dispute arose over Plot No. 1861 in village Jainapur, district Ambedkar Nagar, which was recorded in the name of Balikaran, father of Babu Ram, respondent No. 3. Petitioner claimed Sirdari rights on the basis of adverse possession and filed an objection. A compromise was reached between petitioner and Balikaran, and the Consolidation Officer passed an order on 27-2-78 recording petitioner as Sirdar. However, the land continued to be recorded in Balikaran's name, and a chak was carved out in his name. Petitioner filed an application for implementation of the Consolidation Officer's order in 1990, which led to an appeal by Babu Ram challenging the compromise order as fictitious. The Settlement Officer (Consolidation) allowed the appeal and remanded the case back to the Consolidation Officer for decision on merits. Petitioner filed a revision before the Deputy Director of Consolidation, but it was rejected.

Finding of the Court:

The court held that the consolidation courts had no jurisdiction to entertain the appeal, revision, or application for implementation of the earlier order after the close of consolidation operations in the village by publication of notification under Section 52 (1) of the Act. The court found that the consolidation operations in the village were closed by notification on 27-2-1988, and therefore, the consolidation courts had no jurisdiction to entertain any fresh matter, including the appeal, revision, or application for implementation of the earlier order.

Issues: 1. Whether consolidation courts have jurisdiction to entertain appeals, revisions, or applications for implementation of earlier orders after the close of consolidation operations in the village under Section 52 (1) of the U. P. Consolidation of Holdings Act? 2. Whether the consolidation courts could entertain such matters on the ground that parties were not aware of the actual state of affairs so as to move the requisite application before the close of consolidation operations?

Ratio Decidendi: The court relied on the provisions of Section 52 (1) of the U. P. Consolidation of Holdings Act, which states that once consolidation operations are closed by notification in the official gazette, the consolidation courts cease to have jurisdiction to entertain any fresh matter. The court also referred to its earlier judgment in Nankai v. Dy. Director of Consolidation, Pratapyirh & others, where it was held that with the close of consolidation operations, consolidation courts will have no jurisdiction to entertain any fresh matter.

Final Decision: The court allowed the writ petition and quashed the orders of the Settlement Officer (Consolidation) and the Deputy Director of Consolidation. The court held that the consolidation courts had no jurisdiction to entertain the appeal, revision, or application for implementation of the earlier order after the close of consolidation operations in the village.

A. P. SINGH, J.

Kapil Dev, petitioner in this writ petition has sought to chal lenge by means of the present writ petition order of the Settlement Officer (Con solidation) dated 25-5-92 and the revisional order passed by Deputy Director of Consolidation, Faizabad on 3041-95, under Section 48 of U. P. Consolidation of Holdings Act (hereafter called the Act ). Plot No. 1861 situate in village Jainapur, district Ambedkar Nagar (earlier Faizabad) is subject matter of dispute between petitioner and respondent No. 3 in the present writ petition. It appears, the land was recorded in the basic year in the name of Balikaran, father of Babu Ram, opposite party No. 3. Kapil Dev, petitioner filed an objection claiming Sirdari rights on the basis of adverse possession over the land in dispute. It is staled that order dated 27-2-78 was passed by the Consolidation Officer on the basis of compromise between petitioner and Balikaran, wherein petitioner was given Sirdari rights over the said land. Notwithstanding the order passed by Consolidation Officer and land continued to be recorded in the name of Balikaran and a chak also appears to have been carved out in his name by Assistant Consolidation Officer regarding which no objection was filed by petitioner. The petitioner, however, states that he continued to be in posses sion of the land and his possession was never disturbed. This fact, is, however, denied by Babu Ram, respondent No. 3 asserting that petitioner was never in possession. According to Babu Ram, petitioner was never in possession and the revenue records too do not record his possession at any stage. Petitioner however, filed an applica tion for implementation of the order of the Consolidation Officer in the year 1990. It was at this ?f age according to Babu Ram, respondent No. 3, he came to know of the order of Consolidation Officer for recording the name of petitioner as Sirdar, he, therefore, filed appeal on 19-12-90 challenging the said order of the Consolidation Officer on the ground that the same was fictitious as no compromise had taken place between his father and petitioner. The Settlement Officer (Consolidation) allowed the appeal and remanded the case back to the Consolidation Officer for decision on the objection of Kapil Dev, petitioner, on merits inasmuch as he found that the compromise set up by the petitioner in respect of the land in dispute was of doubtful character. Petitioner filed revision before the Deputy Director of Consolidation but without success, the Deputy Director of Consolidation endorsed the order of the Settlement Officer (Consolidation) and rejected the revision. Petitioner has, thus, approached this court under Article 226 of the Constitution for challenging the orders passed by Settlement Officer (Consolidation) and Deputy Director of Con solidation. Shri S. K. Mehrotra learned counsel for the petitioner will contend that the consolidation courts could not entertain appeal or revision after close of con solidation operations in the village by publication of notification under Section 52 (1) of the Act. Section 52 (1) of the Act reads as follows :

"52. Close of consolidation operations- (1) As soon as may be after fresh maps and records have teen prepared (Under sub- section (1) of section 27) the State Government shall issue notification in the official gazette, that the consolidation operation have been closed in the unit and village or villages forming part of the unit shall then cease to be under consolidation operations:

(Provided that the issue of the notification under this section shall not affect the powers of the State Government to fix, distribute and recover the cost of operations under this Act. "

2. According to the learned counsel for the parties, notification under Section 52 of the Act was issued sometime in the year 1988 on 27-2-1988 whereby consolida tion operations in village Jainapur of district Ambedkar Nagar (earlier Faizabad) was closed. The result of the closure is that the









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top