P.K.S.BAGHEL, MAHESH CHANDRA TRIPATHI, SIDDHARTHA VARMA
Shabbar Husain – Appellant
Versus
Dy. Director of Consolidation Muzaffarnagar – Respondent
Pradeep Kumar Singh Baghel, J.
1. This is a reference to the Full Bench made at the instance of a learned Single Judge, who found contradictory views expressed in some of the decisions of this Court.
2. The question for determination is thus stated in the referring order :
"Whether the territorial jurisdiction to entertain/decide appeal or revision, against the order passed on the objection or appeal transferred outside the district will be at the transferred district or at the district where the subject matter of dispute/unit situates?"
3. The learned Single Judge found that there are two sets of opinion, which in his view were contradictory. The first set of the judgments are; Darbari Lal Vs. Deputy Director of Consolidation and others, 1989 RD 304, Ram Das Rai Vs. Deputy Director of Consolidation and others, 1994 RD 62, and Yadram and others Vs. Deputy Director of Consolidation, 2013 (120) RD 429. The other set of judgments, which were found contradictory by the learned Single Judge, are; Parshuram Vs. Deputy Director of Consolidation, Ballia and others, 2006 (100) RD 746, and Haider Ali Vs. State of U.P. through Consolidation Commissioner and others, 2012 (115) RD 695.
4.
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