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Devi Lal v. The D.D.C.,Gorakhpur And Others - WRIT - B No. 4674 of 2003 [2005] RD-AH 7401 (13 December 2005)


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Writ Petition 4674 of 03

Hon. S.N.Srivastava, J.

In this case learned counsel for the petitioner urged that appellate court decided the appeal without application of mind and without recording any reasons. The cases of rival parties were not considered. The order was passed allegedly in the interest of justice. This order was set aside by Deputy Director Consolidation on the ground that the appellate authority has not applied its mind and ordered the matter to be remanded to Settlement Officer Consolidation. After considering the arguments of the learned counsel for the parties and also considering the materials on record, this Court is of the view that under the U.P. Consolidation of Holdings Act, if an appeal is preferred before the appellate authority, the appellate authority is bound to consider the rival claims of the parties. Non-application of mind and recording no reasons in support of the judgment pronounced by the appellate court is highly unwarranted and arbitrary exercise. Such types of orders are quite often being passed by the consolidation authorities. The revisional authority rightly set aside the order. In view of the above, the writ petition is disposed of finally directing the appellate authority to consider and decide the appeal in accordance with law after giving opportunity of hearing by a reasoned and speaking order.

For orders see judgment and order in the writ petition no. 53754 of 2002.




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