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DINESH PATHAK
Shabbir – Appellant
Versus
Dupty Director of Consolidation – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the petitioner, learned Standing Counsel representing respondents No. 1 & 7 and learned counsel for Gaon Sabha (respondent No. 6) on admission of the writ petition and perused the record on board.
2. Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 13.07.2021, passed by the Deputy Director of Consolidation rejecting the restoration application moved on behalf of the petitioner against the order dated 13.09.2019 passed by the Deputy Director of Consolidation in Revision No. 12/22/47/85/121 and Revisions No. 13/33/48/86/122.
3. Facts culled out from the averment made in the writ petition are that the property in question basically belongs to one Nanhe. Present petitioner is claiming his right and title over the property in question on basis of unregistered will-deed dated 28.07.1993, however, contesting respondent No. 2 (Mangata) is claiming his right and title on the basis of succession being nephew of the recorded tenure holder Nanhe. Third claim was put forward by Smt. Shakuntla (respondent No. 4) on the basis of registered sale-deed dated
The court emphasized that rival claims based on wills must be adjudicated on merit, and technical dismissals should not prevent fair hearings.
Amendments to grounds of appeal that seek to change the character of the case cannot be permitted at advanced stages of litigation, particularly when earlier opportunities to introduce such arguments....
The Deputy Director of Consolidation has jurisdiction to restore revisions for adjudication; adherence to procedural fairness and inclusion of all parties is mandated under the U.P. Consolidation of ....
The Deputy Director of Consolidation exceeded jurisdiction by quashing a final order not under review, violating procedural propriety.
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....
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