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circular2013Uttar Pradesh

Regarding a Revision filed against an Interlocutory Order ( AI traslated version of official Hindi Version . In case of discrepancies ,the HIndi Version shall Prevail )

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Sender, Consolidation Commissioner, Uttar Pradesh, Lucknow. To, 1. All District Magistrates/District Deputy Directors of Consolidation, Uttar Pradesh. 2. All Joint/Deputy Directors of Consolidation, Uttar Pradesh. Letter No.: 2099/G-415/2012-13 Date-09-04-13 Subject: Regarding surveillance conducted against interlocutory orders. Sir, A reading of Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953, clearly shows that surveillance conducted against interlocutory orders is not tenable. Despite the above clear provisions of the Act, it has come to our notice that surveillances are being conducted against interlocutory orders and stay orders are also being passed, which is not appropriate. The Hon'ble High Court has also taken cognizance of such cases from time to time and issued instructions to act within the ambit of the rules. Despite this, it is observed that in the monitoring of the said interlocutory orders, the files of the lower courts are also summoned, which disrupts the proceedings of the cases pending in the subordinate courts and causes unexpected delays in their final disposal. Delays in the disposal of cases not only delay the consolidation process but also defeat the objective of providing speedy justice. Litigants lose faith in the judicial administration and face unnecessary inconvenience. It has also come to light that the number of cases filed unnecessarily against interlocutory orders in the consolidation courts is very high. It is also often observed that the issue of maintainability is not heard at the time of the monitoring of interlocutory orders. To resolve this situation, it is essential that the surveillances planned against the interlocutory orders be first heard on the point of maintainability. If the surveillance is contrary to the interlocutory order, it should be disposed of as per the rules by passing a speaking order after a proper hearing at the first hearing as far as possible. Further legal action should be taken only if it is maintainable. It is therefore requested that strict compliance with the above legal provisions be ensured. Regarding, Consolidation Commissioner, Uttar Pradesh. Copy number and date above. 1. Forwarded to the Principal Secretary, Revenue Department, Government of Uttar Pradesh for review. Regarding, Consolidation Commissioner, Uttar Pradesh.