Back
JASPREET SINGH
Kaushal Kishore – Appellant
Versus
Deputy Director of Consolidation/Chief Revenue Officer, Gonda – Respondent
JUDGMENT :
Hon'ble Jaspreet Singh, J.-The instant writ petition has been filed by the petitioners assailing the order dated 5.7.2024 passed by the Deputy Director of Consolidation, Gonda in proceedings initiated under Section 48 (3) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as 'the Act of 1953').
2. The submission of learned counsel for the petitioner is that the State-respondents have moved an application under Section 48 (3) of the Act of 1953 for the purposes of correcting the records prepared during consolidation operations relating to old plot Nos. 19-a, 53-A and its equivalent new numbers bearing 14-Ka, 14-Kha, 14-Ga and 14-Gha. Plot Nos. 6-Ka, 6-kha and 6-Ga situate in Village Nadawar, Pargana, Tehsil and District Gonda.
3. As per the application moved by the State-Authorities purporting to be under Section 48 (3) of the Act of 1953, it was alleged that the aforesaid mentioned plots were recorded as pond land and the said land could neither be recorded in the name of any private individuals nor rights could be conferred on any individual in respect of such land. It was stated that during consolidation operations the said records did not reflect th
The jurisdiction of consolidation authorities under the U.P. Consolidation of Holdings Act, 1953, post-notification under Section 52(1) is ambiguous and requires clarification by a larger bench.
The Deputy Director of Consolidation has the authority to examine and decide cases on merits without unnecessary remand, emphasizing the need for expedient resolution of disputes.
Consolidation Authorities are legally obligated to implement judicial orders from consolidation courts, and failure to do so constitutes a breach of duty.
The main legal point established is that revisions under Section 48 of the Consolidation of Holdings Act must be decided after affording the parties an opportunity of being heard, and the authority m....
Jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and cannot adjudicate title disputes, which are reserved for Civil Courts.
Parties must show vested interest to contest consolidation proceedings; the Revisional Authority has the power to rectify procedural lapses under Section 48 of the U.P. Consolidation of Holdings Act,....
The Director of Consolidation lacks jurisdiction to alter finalized consolidation schemes under the Consolidation Act, which can only be revoked by the State Government.
Legal proceedings initiated after the issuance of consolidation notifications are invalid under the Uttar Pradesh Consolidation of Holdings Act, 1953, as outlined in Section 5(2), and proper filing o....
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
