January 17, 2019
Appeal filed under Section 21(2) of the U.P. Consolidation of Holdings Act, 1953.
The present appeal was filed against the judgment of the High Court of Allahabad in Writ No.55952 of 2012.
The High Court by the impugned judgment dated 25.07.2013 had allowed the writ petition filed by the private individuals and had set aside the order dated 28.04.2012 of the Settlement Officer Consolidation and order dated 19.07.2012 of Deputy Director of Consolidation.
The appeal was filed by the appellant under Section 21(2) of the U.P. Consolidation of Holdings Act, 1953.
The bench comprising Justice Ashok Bhushan and Justice K.M. Joseph observed that no interference was required in the order of the Settlement Officer Consolidation and the Deputy Director, Consolidation by the said High Court.
It was held by the Hon'ble Supreme Court that "The High Court in exercise of its jurisdiction under Act 226 committed error in allowing the writ petition by restoring the order of the Consolidation Officer which was an inequitable order. In the facts and circumstances of the present case, equity was adjusted by the order of Settlement Officer of Consolidation in making the chak in the manner that chak of every co-sharer was on the pitch road which order needed no interference by the High Court".
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