The High Court dismissed a writ petition seeking quashment of consolidation court orders dated 1979, 1984, and 1991. The petitioner, a vendee, was held barred by laches as the petition was filed over 30 years after the controversial orders, despite allegations of forgery.
Writ petition dismissed on the ground of laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Reserved on: 5.1.2022 Delivered on: 21.01.2022
Court No. - 53
Case :- WRIT - B No. - 2367 of 2021
Petitioner :- Chandrika Prasad Shukla Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Saurabh Pandey,Suresh Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
“1. Issue a writ order or direction in the nature of certiorari washing the order dated 22.07.1979 (Filed as Annexure 1) passed by the Court of Deputy Director of Consolidation, Varanasi order dated 23.01.1984 passed by Consolidation Officer, Gyanpur Chanduali Varanasi (Filed as Annexure 2) and order dated 10.01.1991 passed by the Deputy Director of Consolidation Varanasi (Filed as Annexure 3).
15.10.1990. On the basis of registered sale-deed, name of petitioner was mutated by Tehsildar and the order of Tehsildar is maintained up to this Hon’ble Court by dismissal of the writ petition filed by respondent nos. 8 and 9 by order dated 2.8.2010 but respondent nos. 8, 9 and 10 and certain other persons have created forged orders of the consolidation Court w.e.f 22.7.1979 to 10.1.1991, as such, the order of Consolidation Court passed on 22.7.1979, 23.1.1984 and 10.1.1991 be quashed and criminal proceedings be initiated against the persons who created forged orders.
2
petition before this Hon’ble Court for quashing the orders passed by Consolidation Courts 30 years before.
Order Date :- 21.01.2022 Rameez
3
2 issues framed by the court
Whether a writ petition filed 30 years after the impugned orders is barred by the principle of laches.
Whether the fraud exception to the prayer of limitation applies where co-sharers of the vendor's family continue to contest their cases in pending litigation.
Colour shows how this judgement treated each authority
2021 0 Supreme (SC) 601 Smriti Madan Kansagra Vs. Perry KansagraReferred¶16
2 provisions across 2 enactments
Chandrika Prasad Shukla
State Of U.P.
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
