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1960 Supreme(All) 242

MOOTHAM, SRIVASTAVA
Qadam Singh – Appellant
Versus
Ganga Saran and Ram Saran – Respondent


Advocates appeared:
G.N. Varma, For the Appellant /

JUDGMENT

Mootham, C.J. - This is an appeal from an order of Mr. Justice Broome dated 27-7-1960. A petition was filed in this Court under Article 226 of the Constitution in which the present Respondents challenged the validity of an order dated 3 2-1959 made by the Deputy Director of Consolidation, Meerut. on the ground that the Deputy Director had by that order purported to review an earlier order made by him u/s 48 of the UP Consolidation of Holdings Act 1953. That petition was allowed by the learned Judge who directed that the order of the Deputy Director of Consolidation be quashed.

2. Learned Counsel for the Appellants contends that the Deputy Director of Consolidation had the power to review his earlier order and that the learned Judge erred in holding otherwise. Three grounds have been advanced in support of this contention. The first is founded on Section 41 of the UP Consolidation of Holdings Act. That Sections reads thus:

Unless otherwise expressly provided or under this Act, the provisions of Chapts. IX and X of the UP Land Revenue Act, 1901, shall apply to all proceedings including appeal and applications under this Act.

3. Ch. X of the Land Revenue Act includes Section 220

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