Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 13596 (UTT)

SAJID v. JABIR

WPMS/3553/2024 · 2025-07-17

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6208 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3553/2024 With WPMS/6/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Tapan Singh, learned counsel for the petitioner. 2. Mohd. Safdar & Mohd. Matloob, Advocates for the respondents. 3. Mr. S.K. Nainwal, learned Standing Counsel for the State of Uttarakhand. 4. Petitioners in these petitions have challenged the order dated 07.03.2024 passed by Deputy Director of Consolidation / Additional Collector, Haridwar on Restoration Application No. 20 of 2023. Since common questions of fact and law are involved in these petitions, therefore, these petitions are being heard and decided together. 5. The sole ground of challenge in both the petitions is that Deputy Director of Consolidation, after having decided the revision filed by respondent no. 1 (Jabir) under Section 48 of Consolidation of Holdings Act, 1953 on merits, could not have reviewed his order. 6. It is contended that under the Consolidation of Holdings Act, there is no power of review available to any Authority, since review is creature of statute and in the absence of enabling provision, the Deputy Director of Consolidation has exercised the power of review, therefore, the impugned order is liable to be quashed on this score alone. 7. Mohd. Safdar, learned counsel 2025:UHC:6208 appearing for respondents concedes that Deputy Director of Consolidation has no power to review his order, once he decided the revision after hearing the parties, on merits. 8. In such view of the matter, on the aforesaid short point alone, the writ petitions are allowed. The impugned order dated 07.03.2024 passed by Deputy Director of Consolidation is quashed. However, respondent no. 1 (Jabir) shall be at liberty to challenge the order, sought to be reviewed by him before Deputy Director of Consolidation, in appropriate proceedings available to him, in law. (Manoj Kumar Tiwari, J) 17.07.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512 ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE 58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.17 21:13:50 -07'00' 2025:UHC:6208