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SAURABH LAVANIA
Lallan Prasad – Appellant
Versus
Deputy Director Of Consolidation, Ayodhya/Camp Court – Respondent
| Table of Content |
|---|
| 1. challenge to an order under consolidation rules. (Para 3) |
| 2. maintainability of the petition against impugned order. (Para 4 , 8) |
| 3. details of interim relief and appeal proceedings. (Para 6 , 7) |
| 4. court's reasoning for dismissal based on existing interim protection. (Para 10 , 11) |
| 5. directive to decide appeal within specified timeframe. (Para 12 , 13) |
| 6. maintaining status-quo regarding property. (Para 14 , 15) |
JUDGMENT
Saurabh Lavania, J.
Heard learned counsel for the petitioner, learned counsel for the State as also Sri Dhirendra Kumar Mishra, learned counsel for the respondents.
2. In compliance of order dated 20.12.2022 passed in Writ - B No. 814 of 2022 both the petitions have been clubbed, as such, the same are being decided by this order.
3. In Writ - B No. - 517 of 2022, the order impugned dated 25.07.2022 was passed in exercise of power under Section 109 A(2) of the U.P. Consolidation of Holdings Rules, 1954, in the case registered as Case No. 31 ( Shusheela Devi v. State ) by the respondent No.1-Consolidation Officer, Akbarpur, District- Ambedkar Nagar.
4. Learned counsel for the side opposite stated that in view of Rule 109(3) of the Rules of 1954 present
Subordinate authorities cannot review final orders from higher authorities under the governing statute; adhering to higher court directives ensures substantial justice is upheld.
The failure to provide an opportunity to lead evidence in title disputes under the U.P. Consolidation of Holdings Act violates principles of natural justice, allowing for judicial review under Articl....
Successive orders of remand in consolidation proceedings are impermissible; authorities must expedite resolution of long-pending disputes.
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