GORE LAL v. DEPUTY DIRECTOR OF CONSOLIDATION ETAWAH AND 28 OTHERS
WRIB/81/2025 · 2025-02-13
J J Munir
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3663 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3663 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20755 Court No. - 49 Case :- WRIT - B No. - 81 of 2025 Petitioner :- Gore Lal Respondent :- Deputy Director Of Consolidation Etawah And 28 Others Counsel for Petitioner :- Sukesh Kumar Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble J.J. Munir,J.
1. Heard Mr. Sukesh Kumar, learned Counsel for the petitioner, Mr. Hari Narayan Singh, learned Counsel appearing for the Gaon Sabha- respondent no. 5 and Mr. Akhilesh Kumar Tripathi, learned Standing Counsel appearing on behalf of respondent nos. 1 to 4.
2. By the impugned order dated 20.11.2024, the Deputy Director of Consolidation has remanded the cause to the Settlement Officer of Consolidation in appeal where valuation of other plots, including plot no. 407/5, was made by the Settlement Officer of Consolidation. The Deputy Director of Consolidation has found the valuation made to be suffering from procedural irregularities and affecting interest of the Gaon Sabha by including their valuable land comprised in plot no. 540 minjumla admeasuring 0.41 acre valued at 60 paise in the bachat in place of plot no. 407/5 and then allotting it to Parvati Devi. The Deputy Director of Consolidation has remanded the matter to the Settlement Officer of Consolidation to look into all these infirmities that he has noticed and decide the matter afresh.
3. All that need be said is that the Settlement Officer of Consolidation will decide the matter afresh in accordance with law after hearing parties without being exclusively bound by any of the
findings recorded by the Deputy Director of Consolidation. Instead, he would examine the matter on the issues pointed out by the Deputy Director of Consolidation. Since this is an order of remand, it need not be disturbed in the present writ petition. This petition is, accordingly, disposed of subject to the above clarifications and with the direction that the Settlement Officer of Consolidation will decide the appeal within a period of three months after hearing all parties concerned.
4. Let this order be communicated to the Settlement Officer of Consolidation, Etawah through the Civil Judge (Senior Division), Etawah by the Registrar (Compliance). Order Date :- 13.2.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad