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1997 Supreme(All) 806

D. P. MOHAPATRA, R. A. SHARMA, R. R. K. TRIVEDI
SHIVRAJI – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD – Respondent


Advocates Appeared:
H.R.Mishra, K.M.MISHRA, RADHEY SHYAM,

D. P. MOHAPATRA, CJ.

Pursuant to the order passed on 3-4-1995 by a Division Bench (B. K. Roy and R. R. K. Trivedi, JJ), referring the case for decision by a Full Bench this case has been listed before us.

2. Initially the case was listed before a single Judge of this Court (B. K. Roy, J. ). The question referred by the Single Judge to the Division Bench was formulated as under:

"whether it is open for the consolidation authorities to review/recall their final orders exer cising inherent powers even though the U. R Con solidation of Holdings Act, 1953 does not vest them any review jurisdiction?. "

The Division Bench, on consideration of the question, was of the view that the point should be decided by a Full Bench since there are some decisions of Division Benches of this Court tailing the view that the consolidation authorities could review the final orders passed by them in exercise of inherent powers. The Division Bench seized of this case referred to the decisions of the Supreme Court reported in AIR 1964 S. C. 436-Laxman Purshottam Pimputkar v. The State of Bombay and others, AIR 1960 S. C. 641- Harbhajan Singh v. Karam Singh and others) and AI. R. 1965 S. C. 1457-Patel Chumbhai D

























































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