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2023 Supreme(All) 2609

SAURABH SHYAM SHAMSHERY
Rajman – Appellant
Versus
D. D. C. – Respondent


Advocates appeared:
For the Petitioner:Purnendu Prakash Pandey, C.K.Rai Advocates.
For the Respondent: N.P. Misra, D.Kumar Mishra, S.C., Yogesh Agarwal.

JUDGMENT

Saurabh Shyam Shamshery, J.

This case is arising out of consolidation proceedings. The Revisional Authority has upset the concurrent findings arrived by the two lower authorities namely Consolidation Officer and the Appellate Authority.

2. This Court has dealt with the powers of the Revisional Authority as then it was in the case of Motilal v. DDC and others, 2023:AHC:197946. For reference the same is reproduced hereinafter:-

    "5. (i)........

    X X X X X

    (xvii) The argument that Deputy Director of Consolidation at relevant time may by limited power under Section 48 of Act of 1953, has also no basis since Deputy Director of Consolidation has after considering evidence and material on record and on basis of valid reasons has interfered with orders passed by Consolidation Officer and Settlement Officer of Consolidation that P.A.10 was not duly prepared, which would not fall under 're appreciation of evidence' rather examining the correctness and validity of the entries in Khasra/Khatauni in light of procedure to be followed during preparation of P.A.10 and it would be a case where substantial irregularity was committed by lower authorities. (See Ram Bahal & Anr v. Deputy Director

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