Disposed

Ram Kishun and 5 Others v. Additional District Magistrate and 7 Others

Allahabad HC12 Dec 2019WRIB/3022/2019

Case brief

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What is this about?

The High Court disposed of a writ petition challenging appellate orders under the U.P. Consolidation of Holdings Act. Initially, a plea of non-maintainability was rejected. Subsequently, the court disposed of the petition upon consent by directing the Consolidation Officer to decide the remanded matter within one year.

What did the court decide?

Direction issued to the Consolidation Officer, Basti to decide the matter expeditiously and preferably within one year.

Ram Kishun and 5 Others Vs Additional District Magistrate… — Land Acquisition | Allahabad HC (2019)

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Court No. - 49

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Case :- WRIT - B No. - 3022 of 2019

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Petitioner :- Ram Kishun And 5 Others Respondent :- Additional District Magistrate And 7 Others Counsel for Petitioner :- Hanuman Deen Verma Counsel for Respondent :- C.S.C.,Ravindra Prakash Srivastava

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Hon'ble Prakash Padia,J.

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Learned counsel for the petitioners is permitted to implead Consolidation Officer Basti District Basti as respondent no. 9 during the course of the day.

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Heard learned counsel for the petitioners, learned Standing Counsel accepted notice on behalf of respondent nos. 1 and 2 and Sri Ravindra Prakash Srivastava, learned counsel for private respondents.

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The petitioner has preferred the present writ petition challenging the order dated 31.08.2019 passed by the respondent no. 1/Additional District Magistrate (Finance and Revenue), Basti in Revision No. 12/2012-2013 as well as the order dated 15.06.2012 passed by the respondent no. 2/Settlement Officer of Consolidation, Basti in Appeal No. 956 and 406 under section 11 (1) of the U.P. Consolidation of Holdings Act, 1953.

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A preliminary objection has been raised by the learned Standing Counsel as well as Sri R. P. Srivastava that the writ petition against the aforesaid orders is not maintainable, since by the aforesaid order matter was remanded before the Consolidation Officer. Learned Standing Counsel placed reliance upon the case of Ram Chandra Vs. Deputy Director of Consolidation Lucknow reported in 2017 (134) RD 25 , it has already been held by this Court that remand order is a interlocutory order which does not terminate the proceedings. It is open to the aggrieved parties to challenge the order of remand after final judgement made on remand. In the case of Dularey and others Vs. Deputy Director of Consolidation and others reported in 2005 (99) RD 174 , it has been held by a Co-ordinate Bench of this Court that if the appellate authority has remanded the matter to the consolidation officer for fresh consideration, there was absolutely no justification either on the fact or law for the revisional court to interfere in the order of the appellate authority.

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At this point of time, it argued by the learned counsel for the petitioners that the petitioners does not want to press the writ petition but direction be issued to the Consolidation Officer to decide the matter expeditiously.

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Heard learned counsel for the parties.

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With the consent of learned counsel for the parties, the present writ petition is disposed of finally directing the Consolidation Officer, Basti to decide the matter as remanded by the respondent no. 1 vide its order dated 31.08.2019 expeditiously and preferably within a period of one year from the date of production of certified copy of this order.

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Order Date :- 12.12.2019 Swati

Ram Kishun and 5 Others v. Additional District Magistrate and 7 Others

Case brief

What is this about?

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Ram Kishun and 5 Others v. Additional District Magistrate and 7 Others

Case brief

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