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CHANDRA KUMAR RAI
Baccha Rai – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Sri Rishabh Kumar Pandey, learned counsel for the petitioner and Sri Hari Mohan Srivastava, learned Addl. C.S.C. for the state-respondents.
2. Brief facts of the case are that in proceeding under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “U.P.C.H. Act”) orders dated 6.10.1972, 23.8.1973 & 24.8.1973 were passed by the Assistant Consolidation Officer in respect to plot situated in village-Mirzapur, Chaktulan & Chak Kalandar. Against the aforementioned orders passed by the Assistant Consolidation Officer in the proceeding under Section 9-A(2) of the U.P.C.H. Act, three appeals under Section 11(1) of the U.P.C.H. Act were filed by the petitioner along with prayer for condonation of delay of 30 years, which were registered as Appeal Nos. 505, 506 & 507. During pendency of the aforementioned title appeal, Writ B No. 1444/2023 was filed by respondent no. 7 before this Court against the order passed by the Deputy Director of Consolidation dated 9.1.2023, which was allowed vide order dated 1.5.2023, setting aside the revisional order dated 9.1.2023 and the appellate court was directed to decide the appea
The maintainability of revisions must be assessed before summoning records, and original records are essential for deciding revisions 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.
Amendments to pleadings in legal proceedings should be allowed if they clarify issues without altering the essence of the case or causing prejudice to the opposing party.
The Deputy Director of Consolidation's remand for a fresh hearing was justified to ensure fairness, given the significant delay and procedural irregularities in prior decisions.
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....
Failure to provide a hearing and frame issues as required by the U.P. Consolidation of Holdings Act renders the adjudication void.
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