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1968 Supreme(All) 337

B. B. MISRA, G. C. MATHUR, H. C. P. TRIPATHI, S. N. DWIVEDI, SATISH CHANDRA
Gauri Shanker – Appellant
Versus
Sidhnath Tewari – Respondent


Advocates appeared:
K.C. Agrawal, For the Appellant / Ram Surat Singh for Respondents, For the Respondent

JUDGMENT

Satish Chandra, J. - The question before this Full Bench relates to the interpretation of Section 47 of the UP Consolidation of Holdings (Amendment) Act No. VIII of 1963 (hereinafter called the Amending Act. For the sake of convenience I will refer to the principal Act as it stood prior to and after this Amending Act, as the unamended and the Amended Act respectively).

2. Gauri Shanker, the Appellant, filed objections u/s 20(2) of the UP Consolidation of Holdings Act, 1953, to the proposed allotment of chaks. They were dismissed by the Consolidation Officer on 23-2-1963. The appeal filed by Gauri Shanker was dismissed by the Settlement Officer (Consolidation) on 8-3-1963. Gauri Shanker then filed a revision. The Deputy Director of Consolidation on 20-6-1963, allowed the revision and upholding the grievance of Gauri Shanker on facts modified the allotment. Sidhnath, Respondent No. 1, came to this Court Under Article 226 of the Constitution. A learned single Judge quashed the order of the Deputy Director, on, inter alia, the ground that the Deputy Director ought not to have interfered when there was no illegality or irregularity in the exercise of jurisdiction by the subordina

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