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IN THE HIGH COURT OF ALLAHABAD
DINESH PATHAK
Hari Prakash Saxena – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 226 (Para 2) |
| 2. background of property dispute and orders (Para 3) |
| 3. petitioner requests amendment of appeal (Para 4) |
| 4. court's evaluation of amendment request (Para 5) |
| 5. cited cases and their relevance (Para 6) |
| 6. rejection of amendments reaffirmed (Para 7) |
| 7. judgment dismissing the petition (Para 8) |
JUDGMENT :
Dinesh Pathak, J.
1. Heard learned counsel for the petitioner, learned counsel for the private respondent no.4 as well as learned Standing Counsel for the State respondents and perused the record.
2. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 25.07.2023 (Annexure No.9) passed by Deputy Director of Consolidation (respondent no.2) in Revision No.0234 of 2023 affirming the order dated 23.03.2023 (Annexure No.7) passed by Settlement Officer of Consolidation (respondent no.3), rejecting the amendment application moved on behalf of the present petitioner in appeal No.1761 (Hari Prakash Saxena vs. Smt. Shashi Saxena).
3. Facts culled out from the record are that the property in question basically belonged to Ajudhya Prasad. At the advent of c
Amendments to grounds of appeal that seek to change the character of the case cannot be permitted at advanced stages of litigation, particularly when earlier opportunities to introduce such arguments....
The court upheld the Deputy Director of Consolidation's decision to allow amendment applications, emphasizing that such amendments do not adversely affect the rights of the opposing parties and are n....
The court ruled that title objections under the U.P. Consolidation of Holdings Act must be decided on merit, emphasizing the need for proper jurisdiction and evidence rather than relying on alleged c....
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.
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