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DINESH PATHAK
Jyoti Jaisawal – Appellant
Versus
Additional District Magistrate – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the parties and perused the record.
2. Instant writ petition is arising out of proceeding under Rule 109- A of U.P. Consolidation of Holdings Rules. Petitioner, by way of instant writ petition, has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, assailing the orders passed by all the three Consolidation Courts in application under Rule 109-A of U.P. Consolidation of Holdings Rules (in brevity C.H. Rules) filed on behalf of contesting respondent. She has also challenged the consequential orders dated 14.09.2022 and 05.11.2022 passed by Consolidation Officer.
3. Grievance of the petitioner is that Consolidation Authorities have illegally allowed the application under Rule 109-A of C.H. Rules filed on behalf of the contesting respondent, despite the fact that against the order dated 25.6.2001, which has been sought to be implemented, revisions were pending before the Deputy Director of Consolidation, therefore, Consolidation Authorities have got no jurisdiction to entertain the application under Rule 109-A of C.H. Rules and pass any order.
4. Facts culled out from the averments made
The civil court's decree in an injunction suit cannot be enforced under the U.P. Consolidation of Holdings Rules, affirming the jurisdiction of consolidation authorities.
Procedural dismissals do not prevent merits of subsequent appeals, ensuring timely consideration based on applicable laws.
The court affirmed that orders of the Consolidation Officer are not subject to challenge under Article 226, and applications under Rule 109-A are not maintainable when related appeals are pending.
The failure to provide an opportunity to lead evidence in title disputes under the U.P. Consolidation of Holdings Act violates principles of natural justice, allowing for judicial review under Articl....
An order from a Consolidation Court cannot be enforced after a significant delay without a certified copy, especially post closure of consolidation operations.
The court clarified that the finality of orders under Section 9-B(3) of the U.P.C.H. Act is subject to exceptions, allowing for revisions under Section 48.
Revisional jurisdiction under consolidation laws requires adherence to legal procedures, especially concerning time-barred claims and the provision of interim protection.
Failure to provide a hearing and frame issues as required by the U.P. Consolidation of Holdings Act renders the adjudication void.
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....
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