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SAURABH SHYAM SHAMSHERY
Indra Raj Mahila Mahavidyalay Odwara Basti – Appellant
Versus
Deputy Director of Consolidation Basti – Respondent
| Table of Content |
|---|
| 1. fraud allows reopening of cases despite delays. (Para 1) |
| 2. land dispute arose from incorrect revenue records. (Para 2 , 3 , 4 , 5) |
| 3. no illegality in cognizance of fraud. (Para 6) |
| 4. writ petition dismissed due to lack of merit. (Para 7) |
JUDGMENT
Saurabh Shyam Shamshery, J.
The issue raised in this writ petition has been partially dealt with in a judgment passed by this Court on 29.08.2023 in a bunch of cases, leading being Writ B No. 947 of 2023 (Basdev v. State of U.P. and 5 others)(Neutral Citation No. 2023:AHC:173700) that Section 11 -A of U.P. Consolidation of Holdings Act, 1953 would not have any bar in reopening a case, if the revenue entries in regard to nature of land was such that it not be a part of consolidation and relevant part thereof are mentioned hereinafter -:
The court affirmed that authorities possess inherent jurisdiction to revoke fraudulent orders even in the absence of specific statutory provisions for review.
Personal action dies with the death of the person on the maxim action personalis moritur cum persona. But this operates only in a limited class of actions Ex delicto, such as action for damages for d....
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
Reliance solely on historical land ownership entries without supporting evidence from parties can lead to erroneous conclusions, requiring a reevaluation of claims based on tangible evidence.
Concealment of material facts in legal proceedings undermines judicial integrity, leading to dismissal of petitions.
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