Dharam Raj vs State Of U.P. And 4 Others
2024 Latest Caselaw 19043 ALL

Allahabad High Court

Dharam Raj vs State Of U.P. And 4 Others on 24 May, 2024

Author: Jayant Banerji

Bench: Jayant Banerji

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:94992
 
Court No. - 93
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 307 of 2023
 

 
Applicant :- Dharam Raj
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Kunwar Rajan,Manoj Yadav,Randhir Singh
 
Counsel for Opposite Party :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Jayant Banerji,J.
 

1. Heard learned counsel for the applicant.

2. I have perused the judgment dated 9.5.2023 passed in Writ-B No. 18142 of 2017 which is sought to be reviewed by means of this application.

3. The contention of the learned counsel for the applicant is that given the fact that the judgment in the suit filed by the petitioner under Section 229-B of the U.P.Z.A. & L.R. Act have become final, it was not open to the District Magistrate to proceed to pass the impugned order dated 7.11.2001 and that too without any notice to the petitioner. It is stated that the proceedings under Section 33/39 of the Land Revenue Act were instituted at the behest of the respondent no. 5, who had also filed an objection before the Consolidation Authorities which was pursued by the complainant till the level of the Deputy Director of Consolidation by filing a revision under Section 48 of the U.P. Consolidation of Holdings Act, 1948. It is stated by the learned counsel for the applicant that the revision of the complainant too has been dismissed.

4. Accordingly, this review application is allowed and the writ petition being Writ-C No. 18142 of 2017 is restored to its original number and shall be listed before the appropriate Court in due course.

Order Date :- 24.5.2024

A. V. Singh

(Jayant Banerji, J.)