The Allahabad High Court (Lucknow Bench) dismissed a civil miscellaneous review application seeking review of an order dismissing a petition and affirming a remand order by the Deputy Director of Consolidation, finding no merit.
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.
Neutral Citation No. - 2024:AHC-LKO:68630
Court No. - 8
Case :- CIVIL MISC REVIEW APPLICATION No. - 101 of 2024
Applicant :- Saroj Kumar And Another Opposite Party :- Deputy Director Of Consolidation, Lakhimpur Kheri And 2 Others Counsel for Applicant :- Dileep Kumar Yadav,Basant Lal Yadav
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the review-petitioners.
By means of the instant review application, the reviewpetitioners seek review of the order dated 06.09.2024 whereby the Court while dismissing the petition had affirmed the order of remand passed by the Deputy Director of Consolidation concerned.
The submission of the learned counsel for the reviewpetitioners is that the matter is pending since long and the issue of adverse possession based on entries is to be examined. In such circumstances, the Court should have examined the matter itself rather than affirming the order of remand.
It is further urged that the file in question which arose before the consolidation officer relates to the year 1978 and the file has also been weeded out. In such circumstances, it may not be possible for the court below to consider the matter.
Having considered the aforesaid submissions and from a perusal of the material available on record, apparently, no case for error apparent on the face of the record has been made out. The Court has already taken note of the fact that the matter is pending adjudication since long and a time frame has also been fixed. The parties have also been directed to cooperate in early hearing.
In view of the aforesaid, this Court finds that there is no merit in this review application which is accordingly dismissed .
Order Date :- 4.10.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether any error apparent on the face of the record exists justifying a review of the order dismissing the petition and affirming the remand order.
Whether the Court should have examined the matter itself given the long pendency and the issue of adverse possession based on entries.
Saroj Kumar And Another
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
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