Disposed

Abdul Rehman and Others v. Deputy Director of Consolidation, Devi Patan Mandal, Gonda and 10 Others

Allahabad HC20 Sept 2023/823/2023

Case brief

AI extract

What is this about?

In a writ petition challenging a remand order dismissing a revision, the single-judge High Court disposed of the matter. Directing the Consolidation Officer to decide the case on merit expeditiously within two months by affording parties a hearing and avoiding unnecessary adjournments, the court dispensed with notice to other respondents.

What did the court decide?

Direction to opposite party no.2, Consolidation Officer, Gonda, to dispose of proceedings under Rule 109 expeditiously within two months after affording opportunity to parties.

Abdul Rehman and Others Vs Deputy Director of… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:60421

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Court No. - 6

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Case :- WRIT - B No. - 823 of 2023

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Petitioner :- Abdul Rehman And Others Respondent :- Deputy Director Of Consolidation, Devi Patan Mandal, Gonda And 10 Others Counsel for Petitioner :- Sachin Pandey,Aviral Srivastava Counsel for Respondent :- C.S.C.,Kaushal Mani Tripathi,Pankaj Gupta

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Hon'ble Rajnish Kumar,J.

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Heard, Shri Aviral Srivastava, learned counsel for the petitioners, learned Standing Counsel for opposite parties no.1 and 2 and Shri Kaushal Mani Tripathi, learned counsel for opposite parties no.4 and 5/Caveator.

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The petition has been filed challenging the order dated 25.07.2023 passed in Revision No.711 of 2016 by the Deputy Director of Consolidation, Devi Patan Division, Gonda under Section 48(1) of the Consolidation of Holdings Act 1953 by means of which the revision filed by the petitioners has been dismissed with a direction to the Consolidation Officer, Gonda to decide the case on merit after affording opportunity of evidence and hearing to both the parties within a period of two months.

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Learned counsel for the opposite parties no.4 and 5 raised a preliminary objection that this petition against the remand order is not maintainable as the opportunity to adduce the evidence and hearing before the concerned court is available. He relied on Shiv Sharan Versus Deputy Director of Consolidation, Unnao and other; 2013(31) LCD 608 .

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Learned counsel for the petitioners, after arguing at some length, restricted his prayer for a direction to opposite party no.2 i.e. the Consolidation Officer, District Gonda to consider and dispose of the proceedings pending before him under Rule 109 of the Consolidation of Holdings Rules within some short stipulated period as he submits that despite direction issued by the Deputy Director of Consolidation the case is not proceeding, to which there is no objection to learned counsel for the opposite parties.

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Considering the nature of order proposed to be passed issuance of notice to opposite parties no.6 to 11 is dispensed with.

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The petition is disposed of with direction to opposite party

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no.2 i.e. the Consolidation Officer, Gonda to dispose of the proceedings under Rule 109 of the Consolidation of Holdings Rules expeditiously within the period provided by the Deputy Director of Consolidation or if not possible within a further period of two moths thereafter in accordance with law after affording opportunity to the parties and without granting unnecessary adjournment to either of the parties.

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. ...................................... .(Rajnish Kumar,J.) Order Date :- 20.9.2023 Banswar .

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Abdul Rehman and Others v. Deputy Director of Consolidation, Devi Patan Mandal, Gonda and 10 Others

Case brief

What is this about?

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Abdul Rehman and Others v. Deputy Director of Consolidation, Devi Patan Mandal, Gonda and 10 Others

Case brief

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