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DINESH PATHAK
Ramesh Chandra – Appellant
Versus
Deputy Director Of Consolidation – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner, learned counsel for the private respondents No. 4 and learned standing counsel representing respondents No. 1 to 3 and 5 and perused the record.
2. Petitioner has invoked the extraordinary jurisdiction of this Court by way of filing the instant writ petition under Article 226 of the Constitution of India challenging the order dated 20.4.2022 passed by the Deputy Director of Consolidation affirming the order dated 25.1.2022 passed by Settlement Officer of Consolidation, arising out of order dated 15.7.2021 passed by Consolidation Officer in a proceeding under Section 9A (2) of UP Consolidation of Holdings Act (In brevity, 'U.P.C.H. Act').
3. Facts culled out from the averments made in the writ petition are that the present writ petition is arising out of objection dated 15.6.2009 under Section 9A (2) of UP Consolidation of Holdings Act filed on behalf of the present petitioner with a prayer that plot No. 245 area 1.0790 hectare, plot No. 260 area 1.0030 hectare and plot No. 289 area 1.6190 hectare situated in village Ghar, Tehsil Bhognipur, District Kanpur Dehat may be kept out of consolidation operation on the ground that with re
The DDC improperly abated proceedings regarding conflicting property claims, emphasizing that consolidation authorities must adjudicate on document validity and cannot defer to civil court without ad....
Consolidation authorities cannot abate proceedings based on pending civil litigation and must consider the validity of conflicting documents, giving effect to voidable documents until a competent cou....
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
The U.P. Consolidation of Holdings Act allows authorities to adjudicate on land rights even when a wrong provision is cited, as long as they possess the necessary jurisdiction.
The court ruled that title objections under the U.P. Consolidation of Holdings Act must be decided on merit, emphasizing the need for proper jurisdiction and evidence rather than relying on alleged c....
The court affirmed that disputes regarding consolidation schemes must be resolved through appellate remedies, and title disputes among estate holders are to be adjudicated by civil courts, not under ....
The principles of natural justice require that a recorded tenure holder must be afforded an opportunity to be heard before their rights to land are altered or cancelled.
Misuse of legal process, failure to prove adverse possession, unauthorized property transfer.
Civil Law - Validity of Sale deed - A voidable document is one which remains in force until set aside and such a document can be set aside only by a competent civil court. A suit for that purpose wou....
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