Room Singh And Another vs State Of U.P. And 6 Others
2023 Latest Caselaw 17440 ALL

Citation : 2023 Latest Caselaw 17440 ALL
Judgement Date : 14 July, 2023

Allahabad High Court

Room Singh And Another vs State Of U.P. And 6 Others on 14 July, 2023

Bench: Saurabh Shyam Shamshery





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:140154
 
Court No. - 48
 

 
Case :- WRIT - B No. - 2204 of 2023
 

 
Petitioner :- Room Singh And Another
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Brajesh Shukla
 
Counsel for Respondent :- C.S.C.,Diwakar Prasad Tiwari,Ramesh Chandra Tiwari
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Brajesh Shukla, learned counsel for petitioners and Sri Ramesh Chandra Tiwari, learned counsel for contesting-respondents.

2. There is merit in the argument of learned counsel for petitioners that Deputy Director of Consolidation while allowing revision petition has disturbed the allocation of land even in original holding of petitioners specifically Gata No. 629 which has not been considered in impugned order, however, it is reflected in amended chak. A specific averment in this regard has been made in writ petition.

3. Deputy Director of Consolidation has restored position at the stage of Consolidation Officer which appears to be not correct. Learned counsel for petitioners has placed reliance on a judgment passed by Coordinate Bench of this Court in Bal Kishun vs. Chief Revenue Officer and others (Writ-B No. 18178 of 2009), decided on 05.01.2022 that Deputy Director of Consolidation is the last authority of fact, therefore, petitioners right should be considered carefully. Deputy Director of Consolidation has also not considered the case in the light of factors given in Section 48 of U.P. Consolidation of Holdings Act, 1953.

4. In view of above, writ petition is allowed. Impugned order dated 15.05.2023 is hereby set aside. Matter is remanded back to Deputy Director of Consolidation. Petitioners are at liberty to file objection, if any, within two weeks from today and thereafter Deputy Director of Consolidation shall decide revision afresh on merit after hearing both parties within a period of six weeks, if there is no other legal impediment.

Order Date :- 14.7.2023