IN THE HIGH COURT OF ALLAHABAD
Chandra Kumar Rai, J.
Mata Sewak And Others – Petitioners
Versus
State Of UP And Others – Respondents
WRIT - B No. - 1918 of 2024
Decided On : 10-05-2024
JUDGMENT :
Chandra Kumar Rai, J.
1.Heard Mr. Chandra Shekhar Agnihotri, learned counsel for the petitioners, Mr. Dan Bahadur Yadav, learned counsel for respondent Nos. 5 and 7, Mr. Bhupendra Kumar Tripathi, learned counsel for respondent Gaon Sabha and Mr. Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents.
2. With the consent of learned counsel for the parties, the writ petition is being heard finally at the admission stage without inviting counter affidavit.
3. Brief facts of the case are that Plot No. 471 and 478 area 3.28 acre were given to the Pherai and Tehuli on 18.09.1950 by Bechan with permission of Zamindar. Tehuli was unmarried and died issueless in the year 1958. In the first Consolidation operation, which took place in the year 1962, the name of Bechan was recorded accordingly Assistant Consolidation in case No.3929 ordered to record the name of Pherai in respect to plot No.471 area 2.54 acre and plot No.478 area 0.74 acre. The name of Pherai was accordingly recorded in C.H.Form 11, 41 and 45. In C.H. form 45 new plot No.399 and 405 were mentioned from old plot Nos.471 and 478. The village was denotified under Section 52 of U.P. Consolidation of Holdings Act 1953 hereinafter referred to as "U.P.C.H. Act" on 03.08.1968. Second Consolidation operation started in the village in the year 2002 and the Section-9 of U.P.C.H. Act was made on 30.01.2002. In basic year Tirathraj and Aditya Nath were recorded over pot No.399 and 405 area 3.28 acre. Against the basic year entry, time barred title objection under Section 9A (2) of U.P.C.H. Act was filed on 31.08.2009 by contesting respondents in which report was submitted by Assistant Consolidation Officer on 29.09.2009. An appeal has also been filed by contesting respondents challenging the order dated 27.02.1963 passed during first consolidation operation in Case Nos.3928 and 3929. The aforementioned appeal was registered as Appeal No.2361 and 2022-23 under Section 11 (1) of U.P.C.H. Act and the same was allowed vide order dated 02.03.2023 after granting benefit of Section-5 of Indian Limitation Act as well as setting aside the order dated 27.02.1963 and remanded the matter before consolidation Officer to decide the objection afresh on merit. Consolidation Officer vide order dated 12.04.2023 granted benefit of Section 5 of Limitation Act in filing title objection under Section 9-A (2) of U.P.C.H. Act and fixed case for evidence of parties. Petitioners filed revision against the order dated 02.03.2023 passed by Settlement Officer Consolidation in appeal and order dated 12.04.2023 passed by Consolidation Officer condoning delay in filing the title objection, the revision filed against the order dated 02.03.2023 was registered as Revision No.1360 of 2023-24. Revision filed by petitioners against the order dated 12.04.2023 was registered as Revision No.1769 of 2023-24. Petitioners filed application dated 16.12.2023 in aforementioned revision for summoning the record of Case No.563 under Section 9-A (2) (Santosh vs. State). Against the application dated 16.12.2023 filed by petitioners answering respondents have filed their objection dated 02.03.2024 stating that Hon'ble High Court has issued direction for expeditious disposal of Case No.563 under Section 9-A (2) of U.P.C.H. Act in Writ No.1628 of 2023 vide order dated 28.04.2023 as such the application filed by revisionist for summoning the record of the proceeding under Section 9-A (2) of U.P.C.H. Act is liable to be rejected. Deputy Director of Consolidation vide order dated 09.04.2024 rejected the petitioners' application dated 16.12.2023 on the ground that this Court has directed in Writ-B No.1628 of 2023 for deciding the title objection under Section 9-A (2) of the U.P.C.H. Act within specified period, hence this writ petition for following relief:
Revisions involving the same parties and disputes must be consolidated for efficient resolution under the U.P. Consolidation of Holdings Act.
Revisional jurisdiction under consolidation laws requires adherence to legal procedures, especially concerning time-barred claims and the provision of interim protection.
Title objections under the U.P. Consolidation of Holdings Act must be filed within a reasonable time; excessive delays without sufficient cause render such objections inadmissible.
Failure to provide a hearing and frame issues as required by the U.P. Consolidation of Holdings Act renders the adjudication void.
The court established that cancellation of earlier consolidation proceedings under the U.P.C.H. Act allows for new proceedings and does not accord finality to prior adjudications between the parties.
The court affirmed the principle that title objections must be decided on merit rather than based on previous compromises, ensuring fair opportunity for parties to present evidence.
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.
The court ruled that title objections under the U.P. Consolidation of Holdings Act must be decided on merit, emphasizing the need for proper jurisdiction and evidence rather than relying on alleged c....
The Deputy Director of Consolidation has the authority to decide revisions based on existing evidence and should not remand cases unnecessarily.
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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