Back
DINESH PATHAK
Badri Prasad – Appellant
Versus
Chief Revenue Officer/Deputy Director Of Consolidation – Respondent
JUDGMENT :
(Dinesh Pathak, J.)
1. Heard learned counsel for the petitioner, Sri A.P. Singh, learned counsel for respondent no. 4 and learned Standing Counsel for respondent nos. 1, 2 and 3.
2. It is pointed out by the counsel for the petitioners that the Deputy Director of Consolidation has inadvertently mentioned the date of order as 18.01.2001 in place of 08.01.2001 in his order dated 04.12.2021. In fact, the earlier order passed on the restoration application is dated 08.01.2001.
3. In view of the peculiar facts and circumstances of the present case and the order proposed to be passed, this Court proceeds to decide the writ petition finally with the consent of the counsel for the parties, without calling for respective affidavits of the parties in the present writ petition (i.e. counter affidavit and rejoinder affidavit) and without putting notice to the remaining respondent nos. 5 to 11 with liberty to them to move a recall application, in case any fact and details, as mentioned in the present writ petition, are found to be incorrect.
4. By means of present writ petition the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution
The Deputy Director of Consolidation exceeded jurisdiction by quashing a final order not under review, violating procedural propriety.
The central legal point established in the judgment is the interpretation and application of the U.P.C.H. Act, particularly Section 21(1), in determining the rightful allocation of land and valuation....
The court upheld the validity of a restoration application allowed after 15 years, emphasizing the importance of providing parties an opportunity to present their case in consolidation proceedings.
The court emphasized the necessity of fair representation and substantiated reasoning in administrative decisions, especially when property rights are at stake.
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
