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SAURABH LAVANIA
Nattha @ Nattha Ram Yadav – Appellant
Versus
Deputy Director of Consolidation, Lucknow – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri. Mohammad Aslam Khan learned Senior Advocate assisted by Sri. Shadab Khan, learned Counsel for the petitioner, Sri. Rajendra Singh Chauhan, learned Counsel for the respondent no. 4 and Sri. Hemant Kumar Pandey, learned State counsel appearing for the respondents.
2. By means of this petition, the petitioner has assailed the order dated 26.10.2023 passed by the respondent No. 1/Deputy Director of Consolidation, Lucknow (in short "DDC"), in Revision No. 264 of 2023, Computerized Case No. 2020531046000052 (Heeralal and Others v. Nattha and Others) and Revision No. 265 of 2023, Computerized Case No. 2020531046000053 (Baburam v. Nattha and Others) filed under Section 48(1) of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953"). The respondent no.1, vide impugned order dated 26.10.2023, remanded the matter back to Consolidation Officer Malihabad, Lucknow for deciding the matter afresh, after framing necessary issues and after providing proper opportunity to the parties to adduce evidence. The relevant paragraph of order dated 26.10.2023 reads as under:
"leLr vkns'kksa ds voyksdu ,oa ijh{k.k djus ds ckn i=koyh esa layXu lHkh lk{;ksa dk
Successive orders of remand in consolidation proceedings are impermissible; authorities must expedite resolution of long-pending disputes.
The Deputy Director of Consolidation must adhere to remand orders and consider all relevant records and admissions before making decisions regarding co-tenancy rights.
The Deputy Director of Consolidation has the authority to decide appeals on their merits rather than remanding to subordinate authorities, emphasizing the need for a comprehensive review under Sectio....
The Deputy Director of Consolidation's remand for a fresh hearing was justified to ensure fairness, given the significant delay and procedural irregularities in prior decisions.
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....
Subordinate authorities cannot review final orders from higher authorities under the governing statute; adhering to higher court directives ensures substantial justice is upheld.
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