Allahabad High Court
Prakash Chandra Singh vs State Of U.P. And 2 Others on 26 September, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:186228
Court No. - 48
1. Case :- WRIT - B No. - 3354 of 2023
Petitioner :- Prakash Chandra Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Mukesh Kumar,Brajesh Shukla
Counsel for Respondent :- C.S.C.,Devesh Kumar Verma,Suresh Chandra Verma
2. Case :- WRIT - B No. - 3367 of 2023
Petitioner :- Prakash Chandra Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Mukesh Kumar,Brajesh Shukla
Counsel for Respondent :- C.S.C.,Devesh Kumar Verma,Suresh Chandra Verma
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Brajesh Shukla, learned counsel for petitioners and Sri Devesh Kumar Verma, learned counsel for the respondents.
2. In both the writ petitions, issue involved are similar, therefore, are decided by this common order.
3. It is not under dispute that the appeal filed by petitioners before the Settlement Officer of Consolidation, Farrukhabad was transferred by an order passed by Additional Director Consolidation (Adm.) to the Settlement Officer Consolidation, Kanpur Nagar and the appeal was decided by the said authority on 11.11.2022.
4. The contesting respondents being aggrieved by the aforesaid order, filed a revision petition before the Deputy Director of Consolidation, Farrukhabad and not before the Deputy Director of Consolidation, Kanpur Nagar and by the impugned orders, revision petitions have been allowed and the matter was remitted back to the Settlement Officer Consolidation, Kanpur Nagar.
5. Learned counsel for the petitioners fairly submits that no written objection was filed in respect of objection to jurisdiction of Revisional Authority at Farrukhabad. However, it was mentioned orally and he referred paragraph 27 of the writ petition. He further placed reliance upon a Full Bench judgment of this Court in the case of Shabbar Hussain & Anr. Vs. Deputy Director of Consolidation Muzaffar & Anr, 2019 4 ADJ 88, wherein the issue involved in present case in regard to jurisdiction was considered and reference was answered in following terms:
"If an appeal or objection is transferred outside of the district, an application (revision) under section 48 of the Act would lie before the Deputy Director of Consolidation of the same District, where the matter was transferred and not in the District where holding or unit situates."
(Emphasis Supplied)
6. Learned counsel appearing on behalf of contesting respondents has fairly submitted that position of law as referred in Shabbar Hussain (supra) is against the respondents and revision petitions ought to have been filed before the Deputy Director of Consolidation, Kanpur Nagar. He further submits that in case this Court allows these writ petitions, liberty be granted to the respondents to file a fresh revision petition, if so advised before the Deputy Director of Consolidation, Kanpur Nagar who has jurisdiction to hear it.
7. Learned counsel for the respondents also submits that an observation be made by this Court that while considering the question of delay, if any, the Revisional Authority at Kanpur Nagar may take note of the provisions of Section 14 of the Indian Limitation Act, 1963.
8. Considering the above submissions and taking note of Shabbar Hussain (supra), since the impugned orders passed by the Deputy Director of Consolidation Farrukahbad were beyond jurisdiction, therefore, the impugned orders dated 8.8.2023 are set-aside. However, the contesting respondents would have liberty to file a revision petition, if so advised before the competent authority i.e. Deputy Director of Consolidation, Kanpur Nagar and the authority concerned, while considering an application for condonation of delay will take note of provisions of Section 14 of the Indian Limitation Act, 1963.
9. With the aforesaid order, direction and observations, both the writ petitions are disposed of.
10. It is made clear that this Court has not entered into the merits of the case.
Order Date :- 26.9.2023
SB
