Back
SAURABH LAVANIA
Rambahadur – Appellant
Versus
Deputy Director of Consolidation Amethi – Respondent
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
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
