Allahabad High Court
Smt. Shobhawati And 3 Others vs Deputy Director Of Consolidation ... on 15 September, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:59243
Court No. - 18
Case :- WRIT - B No. - 793 of 2023
Petitioner :- Smt. Shobhawati And 3 Others
Respondent :- Deputy Director Of Consolidation Ayodhya And 5 Others
Counsel for Petitioner :- Shobh Nath Pandey
Counsel for Respondent :- C.S.C.,Onkar Nath Tiwari
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the petitioners, Shri Onkar Nath Tiwari, learned counsel appearing for all the private opposite parties namely, Sukhraji, Ram Sajiwan, Raja Ram Yadav, Lallu Lal and Radhey Shyam.
2. By means of the present petition, the petitioners have impeached the order dated 31.07.2023 passed by Opposite Party No.1-Deputy Director of Consolidation, Ayodhya, District-Ayodhya in Revision No.1106/2310/202254042300001765, (Jagdamba Prasad and others vs. Smt. Shobhawati and others).
3. It is stated that one of the main grounds of challenge is to the effect that as per Explanation 3 of Section 48 of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953"), the Deputy Director of Consolidation is empowered to consider the fact and law both, as such, the impugned order of remand that too in a case in which the evidence was adduced by the parties at the stage of Consolidation Officer, who based upon the same passed the order dated 24.02.2014, which was affirmed in the appeal before Settlement Officer Consolidation, Faizabad vide order dated 26.08.2017.
4. In support of the main ground, learned counsel for the petitioner placed reliance on the judgments passed in the case of Vijay Nath and Others vs. Deputy Director of Consolidation and Another, reported in 2019(9) ADJ 85; WRIT - B No. - 108 of 2023, (Angad Pratap Singh And Others vs. Deputy Director Consolidation/ Addl. District Magistrate (F/R), Lakhimpur Kheri And Others) and WRIT-B No.- 295 of 2023, (Jagadamba Singh vs. Deputy Director Of Consolidation, Ayodhya And Others)
5. The learned counsel for the side opposite, Shri Onkar Nath Tiwari opposed the present petition, however, he could not dispute the legal proposition indicated indicated in judgments referred.
6. Considered the submissions made by the counsel for the parties and perused the record.
7. It appears from the record that the claim of petitioner No.1 to 3, daughters of Guru Prasad, was based upon the unregistered 'Will' of Guru Prasad S/o Ayodhya (testator) dated 18.09.1997 and the claim of private opposite parties, indicated above, before the Consolidation Officer was based upon the registered 'Will' dated 22.10.1998 executed by Shiv Pata W/o Guru Prasad and this 'Will' dated 22.10.1998 was executed after the death of Guru Prasad, who expired on 19.09.1998 and after considering evidence on record, the order dated 24.02.2014 was passed by Consolidation Officer, favorable to the petitioner No.1 to 3 and the same was affirmed by Settlement Officer Consolidation vide order dated 26.08.2017, as such, rights between the parties are to be decided to the view of this Court on the basis of the evidence available on record.
8. Accordingly, taking note of the aforesaid as also the law on the issue, this Court is of the view that the impugned order dated 31.07.2023 passed by Opposite Party No.1-Deputy Director of Consolidation, Ayodhya, District-Ayodhya remanding the matter back to Consolidation Officer for deciding the matter afresh is unjustified in the light of law laid down by this Court in the judgments referred above.
9. For the aforesaid reasons, the impugned order dated 31.07.2023 is hereby set aside. The matter is remanded back toOpposite Party No.1-Deputy Director of Consolidation, Ayodhya, District-Ayodhya to decide the matter afresh strictly on the basis of the evidence available on record, which means the evidence adduced by the parties before the authorities and subordinate to it,without granting any adjournment to either of the parties, within a period of six months from the date of production of certified copy of this order.
10. With the above observation, the present writ petition is allowed.
Order Date :- 15.9.2023
Raj
