Ram Karan And Another vs Deputy Director Of Consolidation, ...
2024 Latest Caselaw 17328 ALL

Allahabad High Court

Ram Karan And Another vs Deputy Director Of Consolidation, ... on 15 May, 2024

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37285
 
Court No. - 18
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 63 of 2024
 

 
Applicant :- Ram Karan And Another
 
Opposite Party :- Deputy Director Of Consolidation, Sultanpur And Others
 
Counsel for Applicant :- Shishir Yadav
 

 
Hon'ble Manish Kumar,J.
 

The present review application has been preferred for review of the judgment/order dated 05.04.2024 passed in Writ B No. 228 of 2024 (Vasudev and Anr. vs. D.D.C. Sultanpur and 3 Ors.) by the respondent nos. 3 & 4 in the said writ petition.

Learned counsel for the review applicant/respondent nos. 3 & 4 has submitted that the appellate order passed by Settlement Officer, Consolidation is not required to be quashed while remanding the matter to the revisional authority to decide the revision on merits as the revision was preferred against the appellate order dated 28.04.2023 passed by the Settlement Officer Consolidation, otherwise what the revisional court would decide once the appellate order has already been quashed by this Court.

On the other hand, Sri Balram Yadav, learned counsel for the petitioner/respondent in the present review petition has submitted that due to some inadvertence, the appellate order was challenged in the writ petition and agreeing with the submission made by learned counsel for the review applicant and has further submitted that in the revision, the validity of the appellate order dated 28.04.2023 is to be seen but it has been quashed by this Court then nothing remains with the revisional authority to adjudicate upon so, the review application may be allowed to the said extent by reviewing the order as argued and admitted between the parties.

After hearing learned counsel for both the parties as both the parties are agreeing that the order dated 05.04.2024 may be reviewed to the extent that the appellate order dated 28.04.2023 which was quashed by this Court is to be deleted from the judgement dated 05.04.2024 as such the judgment/order dated 05.04.2024 is reviewed to the extent that part of the order dated 05.04.2024 in the writ petition is deleted as far it is related to quashing of appellate order dated 28.04.2023 passed by the Settlement Officer Consolidation.

In view of the above, the review petition is allowed.

Order Date :- 15.5.2024

Nitesh