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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Jokhan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Learned counsel for the petitioner is permitted to implead Settlement Officer of Consolidation as respondent no.6 in the array of the parties of the writ petition during course of the day.
2. Heard learned counsel for the petitioners and Mr. Ashish Chand Nishad, learned Standing Counsel for the State respondents.
3. The instant petition has been filed for the following reliefs:
"i. issue a writ, in the nature of certiorari to quash the order dated 26.10.2023 passed by D.D.C. Gorakhpur by which the application of petitioners under Section 48 (3) of U.P.C.H. Act was illegally rejected and order dated 12.4.2022 passed by the Consolidation Officer by which the application of petitioners under Rule 109 of U.P.C.H. Rules was illegally rejected.
ii. issue a writ of mandamus directing the respondent no.2 to reconsider the application of petitioners under Section 48 (3) of U.P.C.H. Act and also direct the consolidation authority to implement the order passed by the consolidation authority within stipulated time."
4. On 13.11.2024 following order was passed by this Court:
"1. Stamp reporter has reported laches of 210 days in filing the instant petition, which
Procedural dismissals do not prevent merits of subsequent appeals, ensuring timely consideration based on applicable laws.
The court affirmed that orders of the Consolidation Officer are not subject to challenge under Article 226, and applications under Rule 109-A are not maintainable when related appeals are pending.
The court established that cancellation of earlier consolidation proceedings under the U.P.C.H. Act allows for new proceedings and does not accord finality to prior adjudications between the parties.
The court clarified that the finality of orders under Section 9-B(3) of the U.P.C.H. Act is subject to exceptions, allowing for revisions under Section 48.
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....
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.
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