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SAURABH LAVANIA
Badri Prasad – Appellant
Versus
Deputy Director Consolidation, Sultanpur – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri Alok Kumar Mishra, learned Counsel for the petitioner, Sri Shatrughan Chaudhary learned Advocate assisted by Sri Devesh Kumar Verma, learned Counsel appearing for opposite party no. 4-Raja Ram as also Dr. Krishna Singh, learned State Counsel appearing for the State.
2. By means of the present petition, a challenge has been made to the order dated 03.01.2023 passed by the revisional authority/opposite party no.1- Deputy Director of Consolidation, District Sultanpur, whereby the opposite party no. 1 interfered in the order of appellate authority dated 04.12.2022, whereby the appellate authority after considering the facts and circumstances of the case, remanded back the matter to the Consolidation Officer for adjudicating the case on merits after providing opportunity of hearing to the parties to the litigation.
3. It would be apt to mention that the opposite party nos. 4 to 8 in the instant petition were revisionists and are relatives and the petitioner was opposite party in the revision in which the impugned order dated 03.01.2023 was passed and taking note of the same and in view of the order proposed to be passed issuance of notice to opposit
Authorities must provide adequate opportunity for parties to present their case; decisions made in haste without hearing can lead to prejudice.
The Revisional Authority's power to overturn concurrent findings of lower authorities is limited to cases of substantial irregularity or injustice.
A judgment obtained by fraud or collusion does not operate as res judicata and is not binding on the parties to the proceedings. Such a judgment can be avoided in subsequent proceedings by a party ab....
Authorities must provide adequate opportunity for parties to present their arguments; haste in decision-making without hearing parties is impermissible.
Subordinate authorities cannot review final orders from higher authorities under the governing statute; adhering to higher court directives ensures substantial justice is upheld.
The court ruled that a party's knowledge of an order and failure to justify significant delays in appeals precludes the recall of orders passed on merits.
Parties must show vested interest to contest consolidation proceedings; the Revisional Authority has the power to rectify procedural lapses under Section 48 of the U.P. Consolidation of Holdings Act,....
The Deputy Director of Consolidation must adhere to remand orders and consider all relevant records and admissions before making decisions regarding co-tenancy rights.
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