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SAURABH LAVANIA
Jasvinder Singh – Appellant
Versus
Deputy Director of Consolidation/Addl. – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri Nazim Ali Siddique, learned counsel for the petitioners and Sri Hemant Kumar Pandey, learned State counsel appearing for the respondent Nos. 1 and 2.
2. In view of order proposed to be passed, issuance of notice to respondent Nos. 3 is hereby dispensed with. Liberty is also provided to the respondent No.3 to file an appropriate application of recall of this order, if they are aggrieved by it.
3. By means of this petition, the petitioners have assailed the order dated 22.12.2022, whereby, the respondent No. 1/Deputy Director of Consolidation/Additional District Magistrate (F/R), Lakhimpur Kheri remanded the matter back to the Consolidation Officer concerned for deciding the case afresh after providing opportunity of hearing to the parties to the litigation. The operative portion of the order dated 22.12.2022 is quoted hereunder for ready reference:-
4. From the order impugned dated 22.12.2022 including the operative portion of the same, quoted above, it is apparent that the Consolidation Officer has to provide only proper opportunity of hearing to the parties to the litigation and thereafter he has to pass a reasoned order on each issue.
The Deputy Director of Consolidation has the authority to examine and decide cases on merits without unnecessary remand, emphasizing the need for expedient resolution of disputes.
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....
The jurisdiction of consolidation authorities under the U.P. Consolidation of Holdings Act, 1953, post-notification under Section 52(1) is ambiguous and requires clarification by a larger bench.
Successive orders of remand in consolidation proceedings are impermissible; authorities must expedite resolution of long-pending disputes.
The main legal point established is that revisions under Section 48 of the Consolidation of Holdings Act must be decided after affording the parties an opportunity of being heard, and the authority m....
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 must adhere to remand orders and consider all relevant records and admissions before making decisions regarding co-tenancy rights.
The Deputy Director of Consolidation must decide on merits when sufficient evidence is available, and parties must be afforded a fair hearing before any decision.
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