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SAURABH LAVANIA
Lallan Prasad – Appellant
Versus
Deputy Director Of Consolidation, Ayodhya/Camp Court – Respondent
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 petition is not maintainable against the order impugned dated 25.07.2022.
5. In view of above, this Court is not inclined to entertain this writ petition. Accordingly, it is dismissed with liberty to petitioner to approach the appropriate authority, as per law.
6. In WRIT - B No. - 814 of 2022, the order dated 30.08.2022 passed by the respondent No.1-Deputy Director of Consolidation, Ayodhya/Camp Court, Ambedkar Nagar in Revisi
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.
The principle of res judicata and the requirement to challenge the initial order before filing a subsequent appeal were central to the court's decision.
The court affirmed that orders of the Consolidation Officer are not subject to challenge under Article 226, and applications under Rule 109-A are not maintainable when related appeals are pending.
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