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MANISH KUMAR
Raj Bahadur – Appellant
Versus
Deputy Director Of Consolidation Faizabad – Respondent
JUDGMENT :
(Manish Kumar, J.) :
1. Heard learned counsel for the parties and gone through the record of the case.
2. During the pendency of the present writ petition, petitioner nos. 1, 2, 4, 5 & 6 had died and their legal representative/heirs have already been substituted (hereinafter referred to as the petitioners). Similarly, the respondent nos. 5, 6, 7, 8, 9, 9/1, 10, 13, 14, 15, 15/1, 16 & 17 had died and their legal representatives/heirs have also been substituted (hereinafter referred to as the respondents).
3. The present petition has been preferred for quashing of the impugned revisional order dated 03.03.1978 passed by the Deputy Director of Consolidation.
4. Learned counsel for the petitioners has submitted that the original tenure holder was Angad Rai and thereafter his son Purai. Purai had three sons namely Horilal, Rikhai and Sheo Charan. The petitioners belong to the family of Horilal whereas the respondents belong to the family of Sheo Charan. The dispute is between the descendants of Horilal and Sheo Charan for Khata No. 23 situated at Danpur, Tanda, District Faizabad.
5. It is further submitted that when the village had come under the consolidation, the objections were
The Deputy Director of Consolidation under Section 48 of the U.P. Consolidation of Holdings Act, 1953, cannot re-appreciate evidence or substitute findings made by subordinate authorities unless empo....
The court affirmed the authority of the Deputy Director of Consolidation to remand cases for fresh decisions when evidence requires further inquiry, underscoring the need for thorough examination bef....
The Deputy Director of Consolidation has the authority to examine and decide cases on merits without unnecessary remand, emphasizing the need for expedient resolution of disputes.
(1) Deputy Director of Consolidation has jurisdiction to interfere with finding on facts of subordinate authority only when said findings are perverse or not supported by any evidence on record or co....
The failure to frame issues and allow evidence in property disputes violates procedural fairness, necessitating remand for proper adjudication.
Authorities must provide adequate opportunity for parties to present their case; decisions made in haste without hearing can lead to prejudice.
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