IN THE HIGH COURT OF ALLAHABAD
SAURABH LAVANIA, J.
Rambahadur and anr. - Petitioners
Versus
Deputy Director of Consolidation Amethi and ors. - Respondents
WRIT - B NO. - 63 OF 2023.
Decided On : 27-01-2023
| Table of Content |
|---|
| 1. challenge to order under u.p. consolidation of holdings act. (Para 2) |
| 2. recording of agricultural land in favor of petitioners. (Para 3) |
| 3. respondent's revision against order of consolidation officer. (Para 4) |
| 4. authority's limitation under section 42 of the act. (Para 5) |
| 5. improper exercise of authority by correction of records post consolidation. (Para 6) |
| 6. court upholds impugned order and dismisses petition. (Para 7 , 8) |
JUDGMENT
Saurabh Lavania, J.
Heard learned counsel for the parties.
2. By means of this petition, the petitioners have challenged the order dated 08.12.2022 passed by the respondent No. 1/Deputy Director of Consolidation, Amethi, District-Amethi in Revision No. 354 filed by the respondent No. 3/Sushila Devi w/o of Rajpati under Section 48 (1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act of 1953"), whereby, a challenge was made to the order dated 10.04.2018, by which the Consolidation Officer concerned allowed the application filed under Section 42 of the Act of 1953.
3. It is to be noted that vide order dated 10.04.2018, the Consolidation Officer concerned recorded the Gata No. 233M area 0.063 hectare in Khata No. 190 situated at Village-Kanu, Pargana and Tehsil-Amethi, District-Amethi in favour of Ram Harakh, father of the petitioners, which in the settlement year was indicated as 'Matrook' in Khata No. 299.
4. Aggrieved by the order dated 10.04.2018, the respondent No. 3 filed a Revision along with an application for condonation of delay on 18.01.2019. After condoning the delay, the Revisional Authority interfered in the order dated 10.04.2018 vide its order dated 08.12.2022, in issue, in this petition. The relevant portion of the order dated 08.12.2022 on reproduction reads as under:-
- Section 42-
A. Correction of Clerical of Arithmetical Errors-Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Settlement Officer, Consolidation, is satisfide that a clerical or arithmetical error apparent on the face of the record exists in any document prepared under any provision of his Act, he shall, either on his own motion, or on the application of any person interested, correct the same.
Correction of Clerical or Arithmetical Errors
9A. Disposal of Cases relating to Claims to Land and Partition of Joint Holding. 9A (2) ( - All cases which are not disposed of by the Assistant Consolidation Officer under sub-section (1), all cases relating to valuation of plots and all cases relating ti valuation of trees, well or other improvements, for calculating compensation therefor, and its apportionment amongst co-owners, if there be more owners than one, shall be forwarded by the Assistant Consolidation Officer to the Consolidation Officer, who shall dispose of the same in the manner prescribed.
11-A. Bar on objection. No question in respect of-Claims to land, Partition of joint holding, and Valuation of plots, tree, well and other improvements, where the question is sought to be raised by a tenure holder of the plot or the owner of the tree, well or their improvements recorded in the annual register under Section 10, relating to Consolidation area, (Which has been raised under Section 9 or which might or ought to have been raised under that Section), but has not been so raised, shall be raised or heard at any subsequent stage of the Consolidation proceedings.
48. Revision and reference. (1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any subordinate authority for the purpose of satisfying himself as to the regularity of the proceedings; or as to the correctness, legality or propriety of any order [other than an interlocutory order passed by such authority in the case or proceedings any may, after allowing the parties concerned an opportunity of being heard, make such order in the case of proceedings as he thinks fit.
AI
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.
Consolidation Authorities are legally obligated to implement judicial orders from consolidation courts, and failure to do so constitutes a breach of duty.
Judicial review in consolidation cases is limited to determining substantial illegality or prejudice; a lack of demonstrated harm to the petitioner warrants dismissal of the challenge to administrati....
Legal proceedings initiated after the issuance of consolidation notifications are invalid under the Uttar Pradesh Consolidation of Holdings Act, 1953, as outlined in Section 5(2), and proper filing o....
A party must file timely objections under the Uttar Pradesh Consolidation of Holdings Act, or claims related to land within the consolidation scheme are deemed invalid, and previous orders cannot be ....
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....
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