Allowed

Deep Narayan and Another v. Deputy Director of Consolidation and 6 Others

Allahabad HC28 Nov 2022WRIB/2670/2022

Case brief

AI extract

What is this about?

This writ petition challenged an interim order of the Deputy Director of Consolidation remanding a land appeal to the Settlement Officer. The High Court of Judicature at Allahabad allowed the petition part in terms, directing the Settlement Officer to decide the appeal within four weeks, holding the impugned finding was only tentative.

What did the court decide?

The Settlement Officer Consolidation, Varanasi directed to decide the appeal of the petitioners within four weeks as per order dated 30.8.2022.

Deep Narayan and Another Vs Deputy Director of… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 51

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Case :- WRIT - B No. - 2670 of 2022

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Petitioner :- Deep Narayan And Another Respondent :- Deputy Director Of Consolidation And 6 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- C.S.C.,Devansh Misra,Kaushlendra Tripathi,Keshari Kumar Tiwari,Raghuvansh Misra

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Hon'ble Siddharth,J.

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Heard learned counsel for the parties.

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The petitioners approached this court challenging the order dated 31.8.2022 passed by Deputy Director of Consolidation, Varanasi, whereby he has remanded the matter to the Settlement OfÏcer Consolidation, Varanasi to first decide the maintainability of the appeal and question of delay in filing the appeal.

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Learned counsel for the petitioners has submitted that order passed by the Settlement OfÏcer, Consolidation, which has been set aside by the Deputy Director of Consolidation had only remanded the case to the Consolidation OfÏcer.There was no occasion for the Deputy Director of Consolidation to interfere with the same.

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Shri Devansh Mishra,learned counsel for the respondent no.2 has opposed the submission of the learned counsel for the petitioners and submitted that order passed by the Settlement OfÏcer Consolidation shows that it has been passed without recording any finding and has set aside the orders 3.12.1983 and 1.6.1992 passed by the Consolidation OfÏcer, Varanasi and remanded the matter to the Consolidation OfÏcer.

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After hearing the learned counsel for the parties, this court finds that order of Deputy Director of Consolidation impugned is justified and calls for no interference.

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The Settlement OfÏcer Consolidation,Varanasi is directed to decide the appeal of the petitioners within four weeks as per order of Deputy Directer of Consolidation, Varanasi dated 30.8.2022.

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The finding recorded by the Deputy Director of Consolidation will not come in the way of Settlement OfÏcer Consolidation in deciding the appeal.They are only tentative in nature.

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The writ petition stands disposed of.

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Order Date :- 28.11.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.11.28 15:44:57 IST Reason: Location: High Court of Judicature at Allahabad

Deep Narayan and Another v. Deputy Director of Consolidation and 6 Others

Case brief

What is this about?

What did the court decide?

Deep Narayan and Another v. Deputy Director of Consolidation and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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