Mangal Sen vs Deputy Director Of Consolidation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2235

DINESH PATHAK
Mangal Sen – Appellant
Versus
Deputy Director Of Consolidation – Respondent

Advocates appeared:
For the Petitioner: Indrasen Singh Tomar.
For the Respondent: C.S.C., Brajesh Shukla, Krishna Gopal, Sher Bahadur Singh.

JUDGMENT

Dinesh Pathak, J.

Heard learned counsel for the petitioners, learned Standing Counsel representing respondent nos. 1 to 3, learned counsel for the respondent nos. 4 and 5, learned counsel for the caveator-respondent no.6 as well as learned counsel for the Gaon Sabha (respondent no. 7) and perused the record.

2. In view of the peculiar facts and circumstances of the case and the order proposed to be passed hereunder, this Court proceeds to decide the instant writ petition finally at the admission stage with the consent of the counsel for the parties present without calling for their respective affidavits in the present writ petition (counter affidavit and rejoinder affidavit).

3. By way of filing the instant writ petition, the petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the remand order dated 18.08.2022 passed by the Deputy Director of Consolidation in revision no. 0097 of 2017 setting aside the order dated 09.10.2019 passed by the Settlement Officer of Consolidation in appeal arising out of order dated 20.06.2016 passed by the Consolidation Officer in proceeding under Section 9 -A(2) of U.P.

Click Here to Read the rest of this document