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DINESH PATHAK
Imambaqs – Appellant
Versus
Deputy Director Of Consolidation – Respondent
JUDGMENT :
(Dinesh Pathak, J.)
1. Heard learned counsel for the petitioner and learned standing counsel.
2. The petitioner has shown his grievance against the remand order dated 28.2.2024, whereby the Deputy Director of Consolidation (in brevity 'DDC') has relegated the parties before the Consolidation Officer (in brevity 'CO') Mahoba to get the matter decided afresh qua rights and title of the parties over the property in question.
3. Having considered the submission advanced by the learned counsel for the petitioner as well as the learned standing counsel and perusal of the record, it is manifested that the instant writ petition is arising out of proceedings under Section 12 of U.P. Consolidation of Holdings Act, 1953 (in brevity 'UPCH Act'). Undisputedly, the property in question belongs to Bhagwan Das who had two sons, namely, Govind Das and Hardayal. They have executed registered sale deeds dated dated 3.11.1993 and 6.11.1993 in favour of the petitioner. On the basis of the said sale deeds, present petitioner has moved an application under Section 12 of UPCH Act. During pendency of the proceedings, the contesting respondents have contested the case claiming right and title over
The court upheld the remand order for fresh consideration of property rights, emphasizing the need for proper examination of evidence regarding the validity of an unregistered will deed.
The Deputy Director of Consolidation must exercise jurisdiction to decide on matters without unnecessary remand when evidence is available, emphasizing efficiency in litigation.
The court upheld the necessity of procedural fairness in consolidation proceedings, emphasizing that all parties must be afforded the opportunity to present their case and evidence.
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 exceeded jurisdiction by not considering the limitation and locus standi of the respondents in appeals under the U.P. Consolidation of Holdings Act.
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