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SAURABH SHYAM SHAMSHERY
Ram Bali – Appellant
Versus
Deputy Director of Consolidation – Respondent
| Table of Content |
|---|
| 1. procedural status of parties before the court. (Para 1 , 2) |
| 2. court's observations on errors by the revisional authority. (Para 3 , 8) |
| 3. arguments regarding the validity of the entries and objections raised. (Para 4 , 5 , 6 , 7) |
| 4. final directions for reconsideration of the rehearing. (Para 9 , 10) |
JUDGMENT
Saurabh Shyam Shamshery, J.
Heard Sri Dhirendra Singh, learned counsel for petitioner and learned Standing Counsel for State-Respondents. None appeared on behalf of contesting-respondents, despite this writ is listed today for further hearing.
2. This Court has passed following orders on 23.08.2023 and 28.08.2023:
The Revisional Authority must adequately consider all grounds in disputes regarding land possession under the U.P. Consolidation of Holdings Act.
Authorities must provide adequate opportunity for parties to present their arguments; haste in decision-making without hearing parties is impermissible.
The Deputy Director of Consolidation's remand for a fresh hearing was justified to ensure fairness, given the significant delay and procedural irregularities in prior decisions.
Entries recorded under the Uttar Pradesh Consolidation of Holdings Act possess a presumption of correctness and cannot be disturbed without substantial evidence, reaffirming the principle of estoppel....
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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