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ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Rajvanta Devi and Others - Appellant
Versus
D.D.C. Deoria and Others - Respondent
Writ B No. 3886 and 34525 of 2011
Decided On : 15-09-2016
Consolidation of Holdings Act - Delay in filing appeal - Veracity of appeal - [CONSOLIDATION OF HOLDINGS ACT, 1953] - The court dismissed the applications challenging the veracity of the appeal and for collecting evidence to decide it, highlighting the need to proceed to decide the appeal on merit without unnecessary adjournments.
Fact of the Case:
The petitioners filed multiple applications and revisions challenging the orders of the consolidation authorities, seeking to summon various documents and evidence related to the appeal filed by the respondents. The court was urged to decide the genuineness and veracity of the appeal to save the petitioners from contesting vexatious litigation.
Finding of the Court:
The court found that the petitioners had engaged in extreme harassment of the respondents and had wasted precious time of the courts by filing multiple applications and revisions for similar reliefs. The court emphasized the need to proceed to decide the appeal on merit without unnecessary adjournments.
Issues: The issues raised by the petitioners related to the veracity of the appeal and the collection of evidence to decide it.
Ratio Decidendi: The court held that the petitioners' conduct in filing multiple applications and revisions for similar reliefs amounted to extreme harassment of the respondents and a waste of precious time of the courts. The court emphasized the need to proceed to decide the appeal on merit without unnecessary adjournments.
Final Decision: Both the writ petitions were dismissed, and all the applications of the petitioners challenging the veracity of the appeal and for collecting evidence to decide it were rejected. The interim order was vacated, and the Settlement Officer Consolidation was directed to proceed to decide the appeal on merit without granting unnecessary adjournments to either of the parties, preferably within a period of four months from the date of producing a certified copy of the order before him.
Ram Surat Ram (Maurya), J. –
Heard Sri Rajeev Mishra, for the petitioners and Sri J.P. Sharma along with Sri R.B. Tripathi, for the contesting respondents.
2. Writ B No. 3886 of 2011 has been filed against the orders of Settlement Officer Consolidation dated 10.08.2009, rejecting the application of the petitioners for summoning original cheque issued by Ganesh Dixit and 22.02.2010, rejecting second application of the petitioner dated 15.02.2010 for same prayer and Deputy Director of Consolidation dated 22.12.2010, dismissing the revision of the petitioners in the proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
3. Writ B No. 34525 of 2011 has been filed against the orders of Settlement Officer, Consolidation dated 11.04.2011, rejecting the application of the petitioners for summoning Fertilizer Distribution Register, original Cheque and Signature Card of Rajendra Prasad Dixit and Deputy Director of Consolidation dated 22.05.2011, dismissing the revision of the petitioners in the aforesaid proceeding.
4. Ganesh Dixit (respondent-3) and Rajendra Prasad Dixit (now represented by respondents-4 to 6) filed an appeal (registered as Appeal No. 2378 of 1995) from the order of Consolidation Officer dated 26.12.1975, along with delay condonation application. Settlement Officer, Consolidation, after hearing the parties, by order dated 28.07.1997 condoned the delay in filing the appeal. This order has been upheld in Writ Petition No. 49438 of 2000, by judgment dated 10.07.2003.
5. Baij Nath Dixit (now represented by the petitioners) filed an application dated 25.06.1996, for obtaining specimen signatures of Ganesh Dixit and Rajendra Prasad Dixit for comparison with their signatures on memorandum of appeal, affidavit and vakalatnama, with the help of report of Handwriting Expert. Settlement Officer, Consolidation by order dated 07.04.2005 directed for considering this application at the time of hearing of the appeal on merit. Revision filed by Baij Nath Dixit against this order was dismissed on 20.09.2005. Writ Petition No. 64305 of 2005 filed by Baij Nath Dixit against aforesaid orders was disposed of on 16.01.2006.
6. While hearing the appeal, Baij Nath Dixit pressed his application dated 25.06.1996. Settlement Officer Consolidation by order dated 14.07.2006, directed for taking specimen signatures of Ganesh Dixit and Rajendra Prasad Dixit for comparison with their signatures on memorandum of appeal, affidavit and vakalatnama, with the help of report of Handwriting Expert. This order was recalled on 01.09.2006. Deputy Director of Consolidation allowed the revision of Baij Nath Dixit on 10.01.2007 and set aside order dated 01.09.2006. In the meantime, Rajendra Prasad Dixit died. The petitioner then moved another application on 27.01.2007 for summoning Register No. 8 from the office of Sub-Registrar relating to sale deed dated 28.04.1994, executed by Baij Nath, Rajendra and Ganesh, for the purposes of expert examination report. Baij Nath Dixit moved another application on 17.03.2007 for summoning Withdrawal Form of Rajendra Prasad Dixit from State Bank of India, branch Barhaj. Baij Nath Dixit moved another application on 20.07.2007, for summoning Signature Card and Cheque No. 165911 of Rajendra Prasad Dixit and Fertilizer Distribution Register of the year 1989 from Sadhan Sahakari Samit, Bara. Settlement Officer Consolidation, by order dated 26.05.2008 directed that aforementioned applications would be decided while deciding the appeal on merit. However, this order was set aside by Deputy Director of Consolidation by order dated 24.01.2009 in the revision filed by the petitioners. The respondents filed Writ Petition No. 8575 of 2009, in which operation of the order dated 24.01.2009 was stayed and Settlement Officer Consolidation was directed to proceed according to previous orders dated 16.01.2006 and 20.11.2007.
7. In the meantime, Expert reports in respect of signatures of Ganesh Dixit wa
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