Guru Sahay And Another vs Deputy Director Of Consolidation ...
2023 Latest Caselaw 19026 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148217
 
Court No. - 48
 

 
Case :- WRIT - B No. - 4465 of 2018
 

 
Petitioner :- Guru Sahay And Another
 
Respondent :- Deputy Director Of Consolidation And 6 Others
 
Counsel for Petitioner :- Ram Krishna Yadav
 
Counsel for Respondent :- C.S.C.,Shyam Lal,Suresh Chandra Kushwaha
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Jitendra Kumar, Advocate holding brief of Sri Ram Krishna Yadav, learned counsel for petitioners and S/Sri Rupesh Kumar Nigam and Suresh Chandra Kushwaha, learned counsels for respondents.

2. In the present case, petitioner has raised serious dispute that the revision petition allegedly filed on behalf petitioner No.1 and his father was a forged document and it was never signed by them. There was no need to file revision petition since an appeal filed on their behalf was allowed by Appellate Court.

3. Learned counsel for petitioner submits that in revision petition an alleged compromise was also submitted and revision petition was allowed by impugned order dated 10.09.1999 on basis of alleged compromise. A belated recall application dated 15.12.2004 was filed, however, the same was dismissed by impugned order dated 05.07.2018.

4. Learned counsels for respondents have placed reliance on a Full Bench Judgment passed by this Court in Shivraji Vs. Deputy Director of Consolidation Allahabad, 1997 0 Supreme(All) 806 : 1997 0 RD 562 and submitted that there is no illegality in the impugned order and the allegation of fraud is misconceived and contrary to record and recall application filed by petitioner was not maintainable.

5. Heard counsel for parties and perused the record.

6. In the present case, as referred above, serious dispute has been raised in regard to filing of revision petition and compromise which requires consideration and, therefore, it will be appropriate to set aside the orders passed by Revisional Authority dated 10.09.1999 and 05.07.2018 and matter be remitted back to Revisional Authority to pass fresh order.

7. It is made clear that Revisional Authority will have liberty to consider the rival submissions on merits and parties will also have liberty to raise all legally permissible contentions and thereafter revision petition be decided by a reasoned order, expeditiously preferably within a period of one year, if there is no legal impediment.

8. Accordingly, this writ petition is disposed of with aforesaid direction.

Order Date :- 25.7.2023

P. Pandey