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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Tirath Raj – Appellant
Versus
D.D.C. – Respondent
| Table of Content |
|---|
| 1. writ petition arises from consolidation proceedings. (Para 1) |
| 2. writ jurisdiction limited to exceptional circumstances. (Para 2 , 6 , 7 , 8) |
| 3. claims regarding the will not duly considered. (Para 3 , 4 , 5) |
| 4. consolidation officers failed to address will validity. (Para 9 , 10 , 11 , 12 , 14) |
| 5. concurrent findings upheld; no interference. (Para 13) |
| 6. writ petition dismissed. (Para 15) |
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. This writ petition is arising out of consolidation proceedings. Petitioners before this Court have lost before all the three authorities, i.e., Consolidation Officer, Settlement Officer of Consolidation and Deputy Director of Consolidation, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “Act, 1953”).
2. Sri Ruduvant Pratap Singh, learned counsel for petitioners, is not able to dispute that scope of interference by High Court in writ jurisdiction in the concurrent findings recorded by Consolidation Authorities, is very limited, i.e., except the findings are absolutely perverse.
3. Learned counsel for petitioners submitted that the petitioners’ consistent case was that they are owner of land in dispute of the share of Ka
The High Court cannot interfere with concurrent findings of consolidation authorities unless jurisdictional errors or manifestly perverse decisions are identified.
Petitioners' failure to timely assert their land rights bars their claim under the U.P. Consolidation of Holdings Act, 1953.
The Revisional Authority's power to overturn concurrent findings of lower authorities is limited to cases of substantial irregularity or injustice.
The Deputy Director of Consolidation cannot overturn prior adjudications or consent decrees without clear evidence of error or perversity in the original findings.
An undivided share in a joint family property cannot be sold off by one of the co-sharers without there being any partition by metes and bounds. Even if there is an assertion that an oral partition t....
The DDC improperly abated proceedings regarding conflicting property claims, emphasizing that consolidation authorities must adjudicate on document validity and cannot defer to civil court without ad....
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