RAJPAL AND OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION / A. D. M. (FINANCE AND REVENUE) LAKHIMPUR KHERI AND OTHERS
WRIB/1135/2024 · 2025-01-20
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168788 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3541 Court No. - 8 Case :- WRIT - B No. - 1135 of 2024 Petitioner :- Rajpal And Others Respondent :- Deputy Director Of Consolidation / A. D. M. (Finance And Revenue) Lakhimpur Kheri And Others Counsel for Petitioner :- Rizwanul Haque Ansari,Santi,Vijay Kumar Asthana Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners as well as the learned Standing Counsel for the State-respondents. By means of the instant petition, the petitioner assails the order dated 04.07.2024 whereby the Deputy Director of Consolidation, Lakhimpur Kheri has decided the revision after hearing the parties noticing that certain areas which was part of the consolidation scheme which vested with the Gaon Sabha was not appropriately considered and in this view of the matter, the revision preferred by the petitioners was dismissed. The submission of learned counsel for the petitioners is that the impugned order dated 04.07.2024 lacks jurisdiction. It is urged that the law is well settled that the Consolidation Authorities are not vested with the powers to review their own orders and in the instant case, the DDC has recalled its earlier
order dated 24.02.2018 and this is in the teeth of Full Bench decision of this Court in the case of Smt. Anarkali and others vs Deputy Director of Consolidation and others; 1997 (15) LCD page 921. Having considered the aforesaid submissions and from the perusal of the material on record, this Court finds that it is apparent that the DDC by means of order dated 24.02.2018 had allowed the revision of the petitioners, however, what is important to note is the fact that the Gaon Sabha had moved an application for recall which was considered by the DDC and was allowed on 20th November, 2020, as a consequence, the
order dated 24.02.2018 was recalled fixing 15.12.2020 for the parties to make their submissions on merit of the revision. It is thereafter that the petitioners participated in the proceedings and the revision was finally heard and decided on
merits by means of order dated 04.07.2024 and it is in this context that the petitioners are trying to rack up the issue of recall by the DDC on the ground that it did not have jurisdiction but the fact remains that the DDC by means of order dated 20.11.2020 had recalled the order. This order dated 20.11.2020, a copy of which has been brought on record as Annexure No. 6, was never assailed by the petitioners. It would have been appropriate if the petitioners should have challenged the said order dated 20.11.2020 at that relevant point of time on the premise that the DDC did not have the power to review its order but the fact remains that this order dated 20.11.2020 remained unchallenged rather the petitioners acquiesced and participated in the proceedings before the DDC and now once the order had been passed on 04.07.2024, the same is sought to be challenged in the instant petition on the ground as noticed aforesaid. Once, the petitioners had acquiesced in the order and participated, now it is not open for the petitioners to state that the DDC did not have the jurisdiction to recall its earlier order. In light of the decision of the Full Bench decision of this Court in Anarkali (supra), it is no doubt held that the Revisional Authority does not have the power to review but that may not come to the aid of the petitioners for the reason that the said
order dated 20.11.2020 has yet not been challenged. In this view of the matter where this Court exercising powers under Article 226 of the Constitution of India which is purely discretionary in nature, this Court is not inclined to entertain the present petition against the order dated 04.07.2024 where no illegality in the same could be pointed out during the course of hearing. For the aforesaid reasons, the petition lacks merit and is accordingly dismissed.
Order Date :- 20.1.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench