Sukhraj vs Ramnath - 1964 Supreme(All) 409

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1964 Supreme(All) 409

DESAI, PATHAK
Sukhraj – Appellant
Versus
Ramnath – Respondent

JUDGMENT

Desai, C.J. - This is an appeal from a judgment of our brother G.C. Mathur, refusing to quash by certiorari an order passed by a Deputy Director, refusing to revise an order passed by a Settlement Officer, dismissing an appeal preferred u/s 21(2) of the Consolidation of Holdings Act, as barred by time. Respondent No. 4 filed an objection against a statement of proposals as permitted by Section 20 and it was disposed of by a Consolidation Officer on 24-1-1963. The Appellants were not cited as parties to the objection, no notice was given to them and they were not heard before it was disposed of. The order passed by the Consolidation Officer is not very intelligible, but it has not been interpreted to involve an alteration in the chak of the Appellants. Section 21(1) lays down:

All objections....shall, as soon as may be after the expiry of the period of limitation prescribed therefor....be submitted by him to the Consolidation Officer, who shall dispose of the same....in the manner hereinafter provided, after notice to the parties concerned and the Consolidation Committee.

Sub-section (2) of Section 21 lays down:

Any person aggrieved by the order of the Consolidation Officer und

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