DURGA PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION, BASTI AND OTHERS
LAWS(ALL)-2005-4-285
HIGH COURT OF ALLAHABAD
Decided on April 12,2005

DURGA PRASAD Appellant
VERSUS
Deputy Director Of Consolidation, Basti And Others Respondents

JUDGEMENT

S.K.Singh, J. - (1.) When the matter was taken up as requested by the parties. Contest matter is being decided finally.
(2.) During the course of argument it transpires that the Revisional Court by giving reference to a decision in the revision of Laxmi Prased decided on 15.9.2003 besides certain other consideration dismissed the present revisions. In view of the aforesaid, it is clear that decision in the revision of Laxmi Prasad dated 15.9.2003 had bearing on the matter in issue and that was kept in mind by the Revisional Court also. Although, there appears to be some other consideration in respect to convenience of the opposite party as noted in the impugned order but as the writ petition filed by Laxmi Prasad has been directed to be decided again by this Court in Writ Petition No. 24338 of 2005, it appears to be in the ends of justice that these two revisions also which have been decided by the present impugned order may be considered again along with the revision of Laxmi Prasad so that claim of all the parties which appears to be inter connected and having a bearing on each other may be decided together. If it is done that will be in the end of justice and that will avoid any conflicting approach in respect to convenience of the parties. It is made clear that if the equity is to be blanced by keeping in mind the spot situation as has been noted in the impugned order it will be for the Revisional Court if the facts so permits to make spot inspection after notice to the parties and then to decide the matter so that position of the spot may also be clear. Be as it may on the facts as noted above this Court is of the view that this petition is to succeed and thus the impugned order of the Deputy Director of Consolidation dated 16.12.2004 is hereby quashed. Matter is sent black to the Revisional Court to decide the revision along with the revision filed by Laxmi Prasad for which direction has been given by this Court by order dated 12.4.2005 in Writ Petition No. 24338 of 2005. All the revisions will be clubbed together and they will be decided after giving adequate opportunity in the manner as indicated either in this order or in the order passed in Writ Petition No. 24338 of 2005. Petition Allowed.;


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