Harkhu And 3 Others vs Deputy Director Of Consolidation ...
2021 Latest Caselaw 1344 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - B No. - 94 of 2021
 
Petitioner :- Harkhu And 3 Others
 
Respondent :- Deputy Director Of Consolidation And 4 Others
 
Counsel for Petitioner :- Pawankumar Dubey,Saurabh Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Ajay Bhanot,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Saurabh Kumar Pandey, learned counsel for the petitioners, Sri Bhupendra Kumar Tripathi learned counsel for the Gaon Sabha and learned Standing Counsel for the State respondents.

By the impugned order dated 11.12.2020 rendered by the Deputy Director of Consolidation the revision filed by the petitioners has been rejected. The sole footing on which the revision was rejected was that the signatures of all the four revisionists were not appended to the memo of revision. The impugned order specifically finds that one of the revisionist Harkhu has fixed his signature to the memo of revision. The order also records that Harkhu was Karta of the family.

The learned court below as taken a hyper-technical view which has resulted in a miscarriage of justice. The defect was entirely curable, and in any case the revision on behalf of Harkhu was liable to be heard since his signatures were admittedly existing on the memo of revision.

The endeavour of the revisional authority should be to adjudicate the right of the parties on their merits, and not shut the doors of justice on mere technicalities. In this case the Deputy Director of Consolidation grossly erred in law by dismissing the revision on pure technicalities and entirely misconceived grounds.

In such view of the matter the order dated 11.12.2020 is quashed.

The matter is remitted to the respondent no. 1- Deputy Director of Consolidation, Azamgarh.

A writ in the nature of mandamus is issued commanding the respondent no. 1- Deputy Director of Consolidation, Azamgarh, to execute the following directions:

I. The respondent no. 1- Deputy Director of Consolidation, Azamgarh shall permit the petitioners to cure the defects in the revision and append their signatures to the memo of revision.

II. The respondent no. 1- Deputy Director of Consolidation, Azamgarh, shall hear all the necessary parties to the lis before any order is passed.

III. The application for interim relief has also been filed in pursuance of the judgment passed by this Court in Writ-B No. 1488 of 2020 on 08.12.2020. The interim application shall be heard in strict compliance of the order passed by this Court in Writ-B No. 1488 of 2020.

The writ petition is allowed.

Order Date :- 21.1.2021

Pravin