Extracted from the PDF above. The PDF is authoritative.
Sarita Rani 2025.01.28 11:43 I attest to the accuracy of this document/order
RSA No.4438 of 2012 (O&M)
2025:PHHC:011870 appeal before the Se
lement Commissioner against the order of the Consolidaon Officer; that aer the decision by the First Appellate Court, plainffs went in appeal against the order of the Consolidaon Officer, but the same has been dismissed and that they are not aware as to whether any further appeal or revision has been filed or not.
4. The contenon as raised by learned counsel for the appellants does not in any manner whatsoever advances the case of the appellants. As has been observed by the First Appellate Court, this Court held in “Raghbir Singh v. Gram Panchavagl Village Bandhwari and others”, 2012(2) PLR 202 (P&H) that when an order is passed by the competent authority in the consolidaon proceedings, the remedy for the appellant is to go in appeal before the Se
lement Commissioner under Secon 21(3) of the Act. The jurisdicon of the Civil Court to entertain and decide the said ma
er challenging the order passed by the competent authority, i.e. Consolidaon Officer under the Act has been specifically barred under Secon 44 of the Act.
5. In view of the above-said se
led legal posion, this Court does not find any error in the concurrent findings of facts as recorded by the Courts below, which are based upon proper appreciaon of evidence. Finding no illegality or perversity in the impugned judgments of the Courts below, present regular second appeal is hereby dismissed. January 27, 2025 Sarita (DEEPAK GUPTA) JUDGE Whether speaking/reasoned? Yes/No Whether reportable? Yes/No Sarita Rani 2025.01.28 11:43 I attest to the accuracy of this document/order