RAM NARAIN AND OTHERS Vs. DIRECTOR OF CONSOLIDATION, VARANASI AND OTHERS
LAWS(ALL)-1964-2-12
HIGH COURT OF ALLAHABAD
Decided on February 02,1964

RAM NARAIN Appellant
VERSUS
Director of Consolidation, Varanasi Respondents

JUDGEMENT

DWIVEDI,J. - (1.) JUDGEMENT The petitioners question the order of the Deputy Director (Consolidation) Camp Jaunpur, dated March 27, 1963 and the order of the Deputy Director (Consolidation), Jaunpur, dated August 6, 1963. The first order was passed in second appeal, while the second in revision under S. 48 of the Consolidation of Holdings Act as amended in March 1963.
(2.) THE petitioners lost in second appeal and then filed a revision which, as already stated, was dismissed by the Deputy Director (Consolidation), Jaunpur. They impleaded by oversight the Director (Consolidation), Varanasi instead of the Deputy Director (Consolidation) Jaunpur. The mistake was detected today, and they have made, an application for substituting the Deputy Director (Consolidation), Jaunpur in place of the Director of Consolidation. By a separate order I have allowed that application. The technical flaw is now removed. The Dy. Director (Consolidation) Jaunpur dismissed the revision summarily because he thought that the Deputy Director (Consolidation) Camp, Jaunpur, who had decided the second appeal, was not subordinate to the Director (Consolidation).
(3.) SECTION 48 pertinently provides : "(1) The Director of Consolidation may call for and examine the record of any easy decided or proceedings taken by any subordinate authority ………………………… ………………………………………. 3. Any authority subordinate to the Director of Consolidation may........refer the record of any Case, or proceeding to the Director of Consolidation for action under Sub-Section (1)", The wording of S. 48 shows that a revision would be to the Director (Consolidation) from an order of any authority who is subordinate to him. In other analogous contexts the word subordinate has been interpreted to mean judicial subordination. It seems to me that that restricted meaning should not be attached to the word subordinate in S. 48. The language of the section suggests that the word subordinate is used comprehensively : it means judicial or quasi judicial administrative subordination of an authority to the Director of Consolidation. The Director of Consolidation may call for and examine the record of any case decided by any subordinate authority as well as the record of any proceeding taken by the latter. The word proceedings is wider than the word case, It may also include administrative proceedings. ;


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