IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ALOK MATHUR
Mohd. Jahid – Appellant
Versus
Deputy Director Of Consolidation, Raebareli – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Shri R.S. Pandey, learned Senior Advocate assisted by Shri Ankit Pandey for the petitioner, learned Standing Counsel for respondent no.1, Shri Dileep Kumar Pandey, learned counsel for respondent no.2 and Shri Desh Deepak Singh and Ms. Aniveksha Shukla holding brief of Shri Ashish Chaturvedi for the private respondents.
2. By means of present writ petition, the petitioner has assailed the validity of the order dated 27.6.2025 passed by the Deputy Director of Consolidation, District Raebareli in exercise of power under Section 48 (1) of Uttar Pradesh Consolidation of Holdings Act, 1953 remanding the matter back to the trial court for decision afresh.
3. It has been submitted by learned counsel for the petitioner that controversy in the present case pertains to land situated at Khata No. 282 comprising plot no. 511/1.264 hectare, 2740/0.440 hectare and 298/0.277 hectare, situated at village Ataganj, Usari, Pargana and Tehsil Salon, District Raebareli.
4. It has been submitted by learned counsel for the petitioner that the aforesaid land was recorded in the name of Sadique son of Mohd. Khalique and Shakeel son of Nasir. He has submitted that in the basic
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(1) Deputy Director of Consolidation has jurisdiction to interfere with finding on facts of subordinate authority only when said findings are perverse or not supported by any evidence on record or co....
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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Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
The failure to frame issues and allow evidence in property disputes violates procedural fairness, necessitating remand for proper adjudication.
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