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SAURABH LAVANIA
Varakat Ali – Appellant
Versus
Deputy Director of Consolidation, Bahraich – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. Shri Mohd. Aslam Khan, Advocate has filed his Vakalatnama in Court today on behalf of respondents no. 2 to 6, which is taken on record.
2. Heard Shri Ram Pheran Dwivedi, learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel for State-respondent and Shri Mohd. Arif Khan, learned Senior Advocate assisted by Mohd. Shadab Khan Khan and Shri Mohd. Aslam Khan, learned counsel for the respondents no. 2 to 6.
3. This Court after hearing the counsel for the petitioners and Shri Ashish Mishra, Advocate for respondent no. 2 (inadvertently indicated as opposite party no. 3 in the order dated 21.12.2023) entertained the instant petition on 21.12.2023 and also protected the interest of the petitioners and thereafter, on 03.01.2024, this Court directed to issue notice to respondents no. 3 to 6. As per Office Report dated 03.02.2024, service upon respondents no. 3 to 6 is sufficient.
4. At the outset, on being asked whether the respondents wish to file counter affidavit, Mohd. Arif Khan, learned Senior Advocate assisted by learned counsel for the respondents no. 2 to 6 (in short “private respondents”) stated that in the instant case, c
The Deputy Director of Consolidation must address condonation of delay before considering case merits, as established in precedent.
Point of Law : It is well settled proposition of law that existence of sufficient cause is sine quo non, for condonation of delay. In absence of being any finding that cause shown is sufficient delay....
Successive orders of remand in consolidation proceedings are impermissible; authorities must expedite resolution of long-pending disputes.
The Deputy Director of Consolidation must adhere to remand orders and consider all relevant records and admissions before making decisions regarding co-tenancy rights.
Relief not sought in specific terms cannot be granted, emphasizing the necessity of proper pleadings in legal proceedings.
The court reaffirmed that procedural compliance under the U.P. Consolidation of Holdings Act is mandatory, and non-adherence, especially concerning the recording of compromises, nullifies the authori....
The court emphasized that substantial justice prevails over technicalities in delay condonation, requiring sufficient cause to be shown for delays in appeals.
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