Back
JASPREET SINGH
Salik Ram – Appellant
Versus
Deputy Director of Consolidation, Shravasti – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. This order will decide the instant petition as well the connected Petition No. 1192 Writ-B of 2024. However, for the sake of convenience the facts are being noticed from Writ-B No. 1190 of 2024.
2. In both the writ petitions, the order passed by the DDC dated 27.8.2024 is under challenge.
3. Heard Shri Rajeiu Kumar Tripathi, learned counsel for the petitioners. Notice on behalf of respondent Nos. 1 and 2 has been accepted by Dr. Krishna Singh and Shri Upendra Singh, learned counsel for the State-respondents. Shri Vikram Pandey, Advocate holding brief of Shri Pankaj Gupta, learned counsel has accepted notice on behalf of the Gaon Sabha, who is impleaded as respondent No. 6 in connected petition and Shri Rakesh Srivastava, Advocate has filed Vakalatnama on behalf of contesting respondent Nos. 3 to 5, which is taken on record.
4. At this stage, it will be relevant to mention that the present respondent Nos. 3 to 5, namely, Dileep Kumar, Ashok Kumar and Smt. Dulara Devi are the petitioners in the connected Petition No. 1192 Writ-B of 2024, wherein Salik Ram, Ram Sagar and Ram Chandra are respondents (these three persons are the petitioners in the instant pet
Consolidation authorities cannot abate proceedings based on pending civil litigation and must consider the validity of conflicting documents, giving effect to voidable documents until a competent cou....
The DDC improperly abated proceedings regarding conflicting property claims, emphasizing that consolidation authorities must adjudicate on document validity and cannot defer to civil court without ad....
A registered sale deed's validity is contingent on its proper registration; prior executed deeds are void if subsequent registered deeds exist for the same property.
Consolidation authorities lack jurisdiction to declare a document voidable; such determinations fall within civil court purview.
Cancellation of sale deed – A “voidable” document continues to be in force until it is set aside by a competent civil court – Consolidation authorities do not have jurisdiction and power to cancel a ....
Civil Law - Validity of Sale deed - A voidable document is one which remains in force until set aside and such a document can be set aside only by a competent civil court. A suit for that purpose wou....
Failure to challenge abatement order and lack of disclosure of right or title over the land in dispute led to the dismissal of the petition.
The court ruled that a sale deed remains valid despite a prior judgment declaring it void, as subsequent appellate orders implicitly set aside that judgment, affirming the authority of the Consolidat....
An undivided share in a joint family property cannot be sold off by one of the co-sharers without there being any partition by metes and bounds. Even if there is an assertion that an oral partition t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
