Smt. Ladli Devi v. Deputy Director of Consolidation, Lakhimpur Kheri and Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench, WRIT - B No. 22 of 2025, decided 7.3.2025, Jaspreet Singh, J., Neutral Citation 2025:AHC-LKO:14128. Petitioner Smt. Ladli Devi; respondents include Deputy Director of Consolidation, Lakhimpur Kheri. Subject: order dated 21.02.2023 deciding a reference under Section 48(3) of the U.P. Consolidation of Holdings Act, 1953. State admitted via instructions dated 07.03.2025 that no notice was issued and the matter was decided ex parte. Petition allowed; order set aside without examining merits solely for denial of opportunity of hearing; proceedings restored for fresh decision after full hearing, preferably within six weeks; parties to appear 19.03.2025. Keywords: consolidation of holdings, Section 48(3) reference, ex parte decision, natural justice, denial of opportunity of hearing, writ petition allowed, no costs.
What did the court decide?
Writ petition allowed; impugned order dated 21.02.2023 of the Deputy Director of Consolidation, Lakhimpur Kheri set aside solely on the ground that it was ex parte with no opportunity of hearing; proceedings restored to the Deputy Director of Consolidation for fresh decision after full opportunity of hearing, preferably within six weeks of the parties' appearance, with appearance fixed for 19.03.2025; no order as to costs.