Soory Karan Singh v. Deputy Director of Consolidation and 11 Others

Court No. - 49 Case :- WRIT - B No. - 1776 of 2024 Petitioner :- Soory Karan Singh Respondent :- Deputy Director Of Consolidation And 11 Others Counsel for Petitioner :- Brij Raj,Sushil Kumar Dubey Counsel for Respondent :- C.S.C.

Hon'ble Dinesh Pathak,J.

1. The petitioner came with the plea that village was de-notified under Section 52 of UP Consolidation of Holdings Act (in brevity, 'UPCH Act') by a notification promulgated on 1.5.1987. Before notification, Dhani Ram (father of the petitioner) has executed a registered sale deed on 12.4.1985 in favour of Durga Prasad. After de-notification, the vendee Durga Prashad has moved a mutation application dated 10.7.1987 under Section 34 of UP Land Revenue Act. Thereafter, he has moved another application in July, 1990 under Section 12 of UPCH Act. Consolidation Officer, vide order dated 8.10.1991, has allowed the application and issued a direction for recording the name of vendee on the basis of the registered sale deed dated 12.4.1985. Deputy Director of Consolidation, vide order dated 28.6.2023, has affirmed the order passed by the Consolidation Officer.

1. It has been submitted that the consolidation authority has inherent lack of jurisdiction to pass an order under Section 12 of UPCH Act after de-notification under Section 52 of UPCH Act.

1. The matter requires consideration.

1. Respondents No. 1 and 2 are represented through learned Standing Counsel.

1. Issue notice to respondents No. 3 to 12 fixing 20.9.2024 as the date.