w w w . L a w y e r S e r v i c e s . i n



Ram Alam & Others v/s D.D.C., Varanasi & Others


Company & Directors' Information:- ALAM & CO LTD [Strike Off] CIN = U60210WB1946PLC014227

    Writ-B. No. 52342 of 2015

    Decided On, 16 September 2015

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE RAM SURAT RAM (MAURYA)

    For the Appellants: Raj Kumar, Advocate. For the Respondents: -------------



Judgment Text

1. Heard Sri Raj Kumar for the petitioners and Sri S.N. Pandey for respondents. The writ petition has been filed against the order of Deputy Director of Consolidation dated 22.8.2015 by which the application of the petitioners for summoning the original record of Case No. 4556/2220 decided on 30.3.1996 was rejected and a date has been fixed for argument in the restoration application.

2. The dispute between the parties is in respect of share of the property of Raja Ram. The petitioners are claiming to be collateral of Raja Ram and natural heirs under section 171 of U.P. Act No. 1 of 1951. While on the other hand the respondents No. 4 and 5 are claiming to be the daughter's sons of Raja Ram and heirs under the registered Will dated 27.8.1953 executed by Raja Ram.

3. Admittedly, at the time of death of Raja Ram his widow namely Lachhani Devi was alive and Lachhani Devi filed an objection under section 9-A (2) of the Act for recording her name and names of her daughters and son-in-law on the basis of the Will dated 27.8.1953. It is alleged that the objection of Lachhani Devi was dismissed in default by order of Consolidation Officer dated 21.1.1975. Thereafter, a recall application has been filed and since the objection of Lachhani Devi was dismissed in default as such the share of Raja Ram in the property in dispute was divided amongst the remaining co-tenure holders according to the provisions of section 171 of U.P. Act No. 1 of 1951. Thereafter, Lachhani Devi filed an application for recall of the order dated 21.1.1975 on 29.12.1995 along with delay condonation application which was allowed by order dated 9.1.19% and thereafter the Consolidation Officer by order dated 30.9.1996 decided the share of heirs of Raja Ram. Thereafter, an application under Rule 109A of U.P.C.H. Rules 1954 was filed on 11.3.2014 which was also allowed by the order dated 30.3.2015. The petitioners thereafter filed an application dated 5.5.2015 for recall of the orders dated 30.3.19% and 30.3.2015. The matter is still pending before the Consolidation Officer. In the meantime, the petitioners moved an application for summoning the original record of case No. 4556 decided on 30.3.1996 which was rejected by Consolidation Officer by the impugned order.

4. It may be mentioned that in the meantime the contesting respondents also filed Writ-B No. 38919 of 2015 for mandamus directing the Settlement Officer Consolidation for demarcation of chak as well as delivery of possession in pursuance of the order dated 30.3.1996. The writ petition was disposed of by order dated 16.7.2015 directing the Consolidation Officer to decide the recall application of the petitioners expeditiously, preferably within a period of three months and in case the recall application is rejected then the Settlement Officer Consolidation be demarcate the chak of the respondents and deliver the possession.

5. The Counsel for petitioners submits that the village has been notified under section 52 of the Act on 27.3.1982. Thus the provisions of section 52(2) read with Rule 109-A of U.P.C.H. Rules 1954 were not applicable and the recall application was allowed ex-parte without issuing any notice to the petitioners by order dated 9.1.1996. Although provisions of Rule 109A was not applicable but a belated application has been filed under Rule 109A on 11.3.2014 which has also been allowed ex-parte by order dated 30.3.2015. In such circumstances, the recall application of the petitioners was filed but the Court below is proceeding in the matter under the pressure of the order of this Court dated 16.7.2015 and the order dated 16.7.2015 is a most arbitrary and harsh, inasmuch as without giving any opportunity to the petitioners to challenge the order passed in the recall application, Settlement Officer Consolidation has been directed to demarcate and handover the possession of the chak. He further submits that the petitioners has filed the recall application for recalling the order dated 30.3.1996 and for deciding the recall application the original record was necessary but the Consolidation Officer has illegally rejected the application of the petitioners for summoning the original record.

6. According to the Counsel for respondents the original record of Case No. 4556/2220 decided on 30.3.1996 is attached with the restoration proceeding before the Consolidation Officer. However on the basis of the report that the case is not registered in Goswara Register, the petitioners are misguiding the Courts below. In such circumstances, the application for summoning the original record has been rejected.

7. I have considered the arguments of Counsel for the parties.

8. A perusal of the order dated 22.8.2015 shows that it is an interlocutory order, as such in case without looking the original record of Case No. 4556/2220 decided on 30.3.1996, the recall application is decided by the Consolidation Officer, it can be challenged by the petitioner in the appeal filed against it. As such it is not necessary for this Court to interfere in the interlocutory order.

9. So far as the arguments of Counsel for petitioners in view of the notification of village under section 52 on 27.3.1982 neither the recall application was maintainable nor the application under Rule 109-A maintainable is concerned, the Division Bench of this Court in Gopi Singh and Others Vs. Deputy Director of Consolidation and Others, , Ram Bahadur Vs. Deputy Director of Consolidation and Others, , and Single Judge in Siddh Narain v. D.D.C. and others 2007 (103) RD 627, have held that if the right or liability of the parties had arisen by the order of Consolidation Authorities during continuation of the proceeding then irrespective of notification under section 52 had taken place the recall application, appeal and revision can be filed against the order of Consolidation Authorities. As such there is no substance in the arguments of Counsel for petitioners in this respect.

10. Admittedly the land in dispute belonged to Raja Ram. The petitioners claimed as heirs of Raj Ram under section 171 of U.P. Act No. 1 of 1951. The contesting respondents derived their title on the basi

Please Login To View The Full Judgment!

s of Will executed by Raja Ram in favour of his widow, daughter and son-in-law. It is but natural that after death of Raj Ram, his wife may get possession of the land in dispute as she was alive and was preferential heir of Raj Ram as such this Court is inclined to postpone the effect of the order dated 16.7.2015 passed in Writ-B No. 38919 of 2015 as the heirs of Raj Ram will be deprived from their possession due to the pendency of the litigation. 11. The remaining arguments raised by Counsel for petitioners has need not be decided by this Court as it may be prejudice of the restoration application filed by the petitioners. The writ petition has no merit and is dismissed.
O R







Judgements of Similar Parties

15-06-2020 Nabi Alam @ Abbas Versus State (Govt of NCT of Delhi) High Court of Delhi
10-04-2020 Shadab Alam Versus State High Court of Delhi
06-03-2020 Sakuntala Devi Versus Dr. Md. Mumtaz Alam & Others National Consumer Disputes Redressal Commission NCDRC
04-03-2020 Mahey Alam Versus State High Court of Judicature at Allahabad
13-02-2020 Md Shafique Alam Versus State of Bihar High Court of Judicature at Patna
04-02-2020 Md. Mofazzular Rahman & Others Versus Md. Sarfaraz Alam & Others High Court of Judicature at Calcutta
18-01-2020 Mokhtar Alam @ Md Mokhtar Alam Versus State of Bihar High Court of Judicature at Patna
14-01-2020 S.M. Zaheer Alam Versus National Council for Teacher Education (NCTE) through its Chairperson, New Delhi & Others High Court of Judicature at Patna
08-01-2020 Parwez Alam @ Md Prawez Alam Versus State of Bihar High Court of Judicature at Patna
11-12-2019 Tanveer Alam Versus Dr. Mohammad Massod Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
13-11-2019 Saghira Bano Versus Mahmood Alam & Others High Court of Judicature at Calcutta
12-09-2019 Nizamuddin @ Saiyad Nizamuddin Versus Saiyad Shahnawaz Alam @ Laddan & Others High Court of Judicature at Patna
09-09-2019 Ghulam Yazdani & Another Versus Mumtaz Yarud Dowla Wakf, Malakpet, Hyderabad, rep. by its Hony. Secretary, Nawab Mahboob Alam Khan & Others High Court of for the State of Telangana
16-08-2019 M/s. Amritrashi Apartment Pvt. Ltd. Versus J.B. Rayees Alam & Others High Court of Judicature at Calcutta
01-08-2019 Md. Afroj Alam @ Md. Afaroj Alam @ Afroj Alam & Another Versus State of Bihar High Court of Judicature at Patna
18-07-2019 West Bengal State Electricity Distribution Co. Ltd. Versus Noor Alam Mollah & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Md. Sarfaraz @ Md. Sarfaraz Alam & Another Versus The State of West Bengal High Court of Judicature at Calcutta
30-05-2019 For the Petitioner: I. Alam, Advocate. For the Respondent: ------------- High Court of Gauhati
29-05-2019 A. Alam Pasha Versus Ravishankar High Court of Karnataka
26-04-2019 Md Noor Alam & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
09-04-2019 Parwez Khan @ Parwez Alam Versus State of Bihar High Court of Judicature at Patna
08-04-2019 Mofikul Alam Molla & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
29-01-2019 Jane Alam Molla & Another Versus State of West Bengal High Court of Judicature at Calcutta
24-01-2019 Sukla Chakraborty Versus Abed Alam & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2019 Safi @ Safik Alam, (CG) Versus State of Chhattisgarh High Court of Chhattisgarh
10-01-2019 Shafiuddin Versus Mashur Alam High Court of Judicature at Allahabad
03-01-2019 Md. Mahfooz @ Md. Mahfooz Alam Versus The State of Bihar High Court of Judicature at Patna
24-10-2018 Goudhul Alam Meera Maideen Pallivasal, Rep. Through its President Versus Mahaboob John & Another Before the Madurai Bench of Madras High Court
16-10-2018 Nisar Mehboob Alam Khan, Aurangabad Versus Joint Commissioner of Income-Tax, Nashik Income Tax Appellate Tribunal Pune
24-09-2018 Mohd. Alam & Another Versus State High Court of Delhi
20-09-2018 Parvez Alam Versus State of Uttarakhand & Others High Court of Uttarakhand
19-09-2018 Sk. Jahangir Alam Versus The Branch Manager, SBI Life Insurance Co. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
27-08-2018 Dr. Mahboob Alam I.P.S. (Retd.) Versus The Registrar, Central Administrative Tribunal (Madras Bench), Chennai & Others High Court of Judicature at Madras
27-08-2018 Md. Iftakar Alam & Others Versus The Kolkata Municipal Corporation & Others High Court of Judicature at Calcutta
24-08-2018 Md. Parvez Alam & Others Versus State of Bihar High Court of Judicature at Patna
23-08-2018 Royal Sundaram General Insurance Co. Ltd. Versus Imteyaz Alam National Consumer Disputes Redressal Commission NCDRC
31-07-2018 M/s. Gahana Mahal Rep. by Amjad Alam Versus Sadaf Safique West Bengal State Consumer Disputes Redressal Commission Kolkata
27-07-2018 Beeru Alias Shah Alam Versus State of U.P. High Court of Judicature at Allahabad
24-07-2018 Md. Ibraj Alam, East Sikkim & Another Versus The State of Sikkim Through, The Public Prosecutor, High Court of Sikkim, East Sikkim High Court of Sikkim
12-07-2018 M/s. Shrachi Leathertex Pvt. Ltd. Versus Sk. Qumru Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-07-2018 Noor Alam Khan Versus Hasina Bano Noor Alam & Another High Court of Judicature at Bombay
15-06-2018 Alhaj Dr. Md. Meraj Alam Versus Rehena Begum High Court of Gauhati
27-04-2018 Nafiz Alam Nurul Hudda Shaikh & Others Versus The State of Maharashtra High Court of Judicature at Bombay
03-04-2018 Jahir Alam Versus Ram Lakhan Prasad Vishwakarma & Others High Court of Jharkhand
22-12-2017 Sofia Hasan, USA, rep. by her GPA Zulfaquar Alam Versus Shaik Mansoor Ali In the High Court of Judicature at Hyderabad
21-09-2017 Mohd. Mahboob Ali @ Sheru @ Sheikh Alam Versus State of U.P. High Court of Judicature at Allahabad
25-08-2017 In Re : Md. Aftab Alam High Court of Judicature at Calcutta
08-08-2017 Fakhre Alam & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-07-2017 Amir Alam Versus State of Punjab High Court of Punjab and Haryana
14-07-2017 Mujibur Rehman Haji Israr Alam Siddiqui Versus M/s. K.T. Kubal & Co. High Court of Judicature at Bombay
15-06-2017 Mohd. Maqsood Alam & Others Versus State (NCT of Delhi) High Court of Delhi
04-05-2017 Elegant Carpet Alam Exports and Others V/S Authorized Officer, Bank of Baroda and Others. Debts Recovery Tribunal Allahabad
25-04-2017 Rajib Saha Versus Monjur Alam Mallick High Court of Judicature at Calcutta
18-04-2017 Jahir Alam @ Jahid @ Jabed Versus The State of West Bengal High Court of Judicature at Calcutta
11-04-2017 TCP Marketing & Research Private Limited Versus Khurshid Alam High Court of Judicature at Calcutta
03-04-2017 Roshan Aara Versus Jahir Alam High Court of Jharkhand
09-03-2017 Shahne Alam Versus M/s. I.K. Polymers Pvt. Ltd. High Court of Delhi
08-02-2017 Md. Feroz Alam Versus The State of Bihar & Others High Court of Judicature at Patna
31-01-2017 Mohd. Khursheed Alam Versus State of Uttar Pradesh High Court Of Judicature At Allahabad Lucknow Bench
02-01-2017 Dr.MD. Dilwar Alam Khan Versus State of Assam & Others High Court of Gauhati
22-12-2016 Syed Naqui Alam Versus State of Bihar High Court of Judicature at Patna
15-12-2016 Khaleek Versus Naaz Alam High Court of Judicature at Allahabad
15-12-2016 Sayyed Alam & Others Versus State of Assam & Others High Court of Gauhati
16-09-2016 Md. Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
26-08-2016 Sayed Moinuddin Versus Md. Mehaboob Alam & Others High Court of Karnataka Circuit Bench OF Kalaburagi
17-08-2016 Mansoor @ Mansoor Alam @ Mansoor Ali & Another Versus The State of Jharkhand High Court of Jharkhand
29-07-2016 Shah Alam Versus Union of India & Others High Court of Judicature at Allahabad
05-07-2016 Alam Chand Versus State of H.P. High Court of Himachal Pradesh
20-06-2016 Khorshed Alam Versus Oil & Natural Gas Corporation Limited. & Another High Court of Tripura
18-05-2016 Md. Sawood Alam Versus The State of Bihar through the Secretary, Home Department, Government of Bihar, Patna & Others High Court of Judicature at Patna
08-04-2016 The State Govt of Nct of Delhi & Another Versus Tanjeer Alam @ Raja & Another High Court of Delhi
07-02-2016 Md. Shamsur Alam Versus Reliance General Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
11-01-2016 Athar Alam Ansari Versus Walayet Ali Roomi Ansari & Another High Court of Judicature at Calcutta
07-01-2016 Md. Shamsur Alam Versus Reliance General Life Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
29-12-2015 Masarat Alam Bhat Versus State & Others High Court of Jammu and Kashmir
16-10-2015 Mohd. Amir Alam Versus The State of Bihar High Court of Judicature at Patna
13-10-2015 Nayab Alam Versus Tanveer Sultana High Court of Judicature at Allahabad
06-10-2015 Dr. Samiran Banerjee & Another Versus Syed Meraj Alam Jharkhand State Consumer Disputes Redressal Commission Ranchi
15-09-2015 Musheer Alam Versus Ramesh & Others High Court of Judicature at Allahabad
06-08-2015 Tabrez Alam Versus The State of Bihar High Court of Judicature at Patna
03-08-2015 Kamre Alam Versus Md. Nasir Ahmed Khan West Bengal State Consumer Disputes Redressal Commission Kolkata
22-07-2015 Fakhre Alam & Others Versus Amity Business School, Noida & Others National Consumer Disputes Redressal Commission NCDRC
17-06-2015 Md. Anwar Alam Khan Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
06-06-2015 Jahangir Alam Versus National Insurance Co. Ltd. Through Divisional Manager & Another Delhi State Consumer Disputes Redressal Commission New Delhi
04-05-2015 Mijanur Alam Versus The State of West Bengal & Others High Court of Judicature at Calcutta
29-04-2015 The Branch Manager, New India Assurance Company Limited. Versus Zafeer Alam & Another Jharkhand State Consumer Disputes Redressal Commission Ranchi
28-04-2015 Md. Naseem Alam Versus The State of Bihar through the District Collector & Others High Court of Judicature at Patna
24-04-2015 Shah Alam Versus State of Uttar Pradesh & Others High Court of Judicature at Allahabad
08-04-2015 Dr. Ambica Prasad Versus Md. Alam & Another Supreme Court of India
12-03-2015 Sk. Samsher Alam Versus Sri Prasanta Gyan & Another High Court of Judicature at Calcutta
05-02-2015 Pongathsi Sangtam Versus J. Alam, IAS & Others High Court of Gauhati
22-01-2015 Abdul Raqeeb Alam Versus The State of Bihar through the Principal Secretary & Others High Court of Judicature at Patna
04-12-2014 Sk. Rabiul Alam Versus Dinesh Kumar Goyal & Another High Court of Judicature at Calcutta
17-11-2014 Aaftab Alam Versus Union of India & Another Central Administrative Tribunal Principal Bench New Delhi
12-11-2014 Niyamatullah & Others Versus Badre Alam & Others High Court of Judicature at Allahabad
10-10-2014 M/s. K.T. Kubal & Company Versus Mujibur Rehman Haji Israr Alam Siddiqui High Court of Judicature at Bombay
17-09-2014 Mashkoor Alam Versus Amir Bano High Court of Judicature at Allahabad
15-09-2014 Md Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
08-09-2014 National Insurance Co. Ltd. Through General Manager & Another Versus Alam Ali National Consumer Disputes Redressal Commission NCDRC