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DINESH PATHAK
Budh Prakash Tyagi – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Dinesh Pathak, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Instant writ petition has been filed, inter alia, for the following relief:
(ii) Issue a writ order or direction in the nature of certiorari quash the order dated 18.08.2023 passed by respondent no.2 and order dated 10.06.2024 passed by the respondent no.3 (Annexure No. 4 & 6) to this writ petition."
3. Petitioner is aggrieved with the inaction/omission at the part of the Consolidation Authorities who have miserably failed to give effect to the order dated 24.08.2015 passed by Deputy Director of Consolidation in Revision No. 17 (Annexure no.5) in the land record, which resulted into preparation of incorrect final consolidation record.
4. In view of the peculiar facts and circumstances of the present case and order proposed to be passed herein, this Court proceeds to decide the instant writ petition fin
Consolidation Authorities are legally obligated to implement judicial orders from consolidation courts, and failure to do so constitutes a breach of duty.
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.
Administrative authorities cannot recall judicial orders without due process, and principles of natural justice require a hearing before adverse actions affecting rights.
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....
Objections to consolidation proceedings must be filed within statutory timelines; orders made by consolidation authorities are upheld unless shown to be illegal or lacking jurisdiction.
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