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.

Table of Content
1. property claims based on familial relationships and a will. (Para 3 , 4)
2. debate on the validity of the will deed and procedures followed. (Para 5 , 6)
3. court's analysis of jurisdiction and procedural validity regarding remand. (Para 7 , 8 , 9 , 10 , 11)
4. writ petition allowed; previous order quashed and reinstated. (Para 12 , 13)

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 Constitu

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