Citation : 2025 Latest Caselaw 6372 UK
Judgement Date : 16 December, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.2734 (M/S) of 2019
Akram .........Petitioner
Versus
Shamshad .........Respondent
Mr. Shakib Husain, Advocate for the petitioner.
Mr. M.S. Tyagi, Sr. Advocate assisted by Mr. Sunil Chandra, Advocate for
the respondent.
Hon'ble Pankaj Purohit, J. (Oral)
By means of present writ petition filed under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 16.05.2019 passed by Deputy Director of Consolidation/Additional Collector (Admn.), Haridwar in Revision No.82 of 2017-18, Akram vs. Shamshad, whereby, the revision petition was dismissed, as well as the judgment and order dated 13.04.2018 passed by the Settlement Officer (Consolidation) in Appeal No.8, Shamshad vs. Akram, under Section 11(1) of the U.P. Consolidation and Holdings Act, 1953 ("the Act").
2. The facts of the case shorn off unnecessary details are that a time barred objection was filed by the original petitioner-Akram S/o Inam before the Consolidation Officer, Roorkee, District Haridwar. The said objection was made by the petitioner-Akram saying that the valuation of his land comprised in Gata No.401/11 Minzumla admeasuring 0.3579 hectare has wrongly been fixed. The valuation of Gata should be 40 paise in place of 10 or 20 paise. The said objection filed by the petitioner-Akram was allowed after
condoning the delay in filing the objection and at the same time, the valuation of land comprising of Gata No.401/11 Minzumla admeasuring 0.3579 hectare was increased from 10 to 20 paise vide order dated 10.07.2003.
3. The respondent-Shamshad challenged the said order by filing an appeal before the Settlement Officer (Consolidation), Haridwar, Camp, Roorkee which was registered as Appeal No.8, Shamshad vs. Akram, under Section 11(1) of the Act. The order dated 10.07.2003 was challenged by the appellant-Shamshad mainly on the ground that no reasons have been given by the Consolidation Officer for increasing the valuation of the land comprising of Gata No.401/11 Minzumla admeasuring 0.3579 hectare. He further pleaded in the appeal that valuation of adjoining land of Gata No.401/11 has the valuation of 10 paise only. The appeal filed by the respondent-Shamshad was allowed by reason of the impugned judgment and order dated 13.04.2018 and the valuation of the land in question was restored to 10 paise as it was fixed earlier.
4. It is feeling aggrieved by the said appellate order, the petitioner filed the revision petition before the Deputy Director of Consolidation/Additional Collector (Admn.), Haridwar, which was registered as Revision No.82 of 2017- 18, Akram vs. Shamshad. The said revision was dismissed by reason of the judgment and order dated 16.05.2019, wherein, the learned Revisional Court has found the reasoning given by the appellate court sound and perfect and refused to interfere in the appellate order.
5. It is feeling aggrieved by the appellate as well as revisional order, the petitioner is before this Court.
6. I have gone through the impugned judgments and orders passed by the authorities concerned and found that there is no illegality in the impugned order. It has not been pleaded by the petitioner even in the writ petition as to why the Consolidation Officer disclosed no reason of increase of valuation of Gata number in question from 10 to 20 paise. The appellate authority was right in holding that without any basis the Consolidation Officer has passed the order of increase of the valuation from 10 to 20 paise and the appellate authority was also right in holding that since the adjoining land of Gata Number in question carries the valuation of 10 paise and therefore, in that situation, there should not be any increase for valuation of the Gata area in question.
7. Accordingly, no interference is required and the writ petition is dismissed.
(Pankaj Purohit, J.) 16.12.2025 Ravi
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