Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | however name of appellants shown to be recorded in possession column - Consolidation proceedings - Appellants claimed their right over the land by virtue of their possession and entry in their favour in the revenue records - Petition by respondents seeking expunction of the names of the appellants since they were wrongly recorded - Petitio 1953 - Dispute pertaining to certain plots - Said plots in the name of the respondent Nos. 3 and 4 in the basic year record UP. Consolidation of Holdings Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | UP. Consolidation of Holdings Act, 1953 - Disputepertaining to certain plots - Said plots in the name of therespondent Nos. 3 and 4 in the basic year record, however;name of appellants shown to be recorded in possessioncolumn - Consolidation proceedings - Appellants claimedtheir right over the land by virtue of their possession and entryin their favour in the revenue records - Petition byrespondents seeking expunction of the names of theappellants since they were wrongly recorded - Petitionallowed by the Consolidation Officer - However; in appeal,Settlement Officer; Consolidation permitted the appellant'sname to be recorded as Seerdar over the said land - Saidorder set aside by the Deputy Director of Consolidationholding that the predecessors of respondents were recordedas sub-tenants and by virtue of entry in their favour; theybecame Adhiwasi and Seerdar - Writ petition by theappellants - High Court upheld the order of the DeputyDirector of Consolidation and the Consolidation Officer -Interference with - Held: Not called for - Deputy Director,Consolidation excluded those Khasra/Khatauni in which therewere over writings or some unwarranted entries - Orderpassed by the Deputy Director holding that the contestingrespondents acquired the right of Adhiwasi/Seerdars was notbased on re-appreciation of evidence afresh - It was only acase of examining the correctness and validity of the entriesn the Khasra/Khatauni - Further, appreciation or re- appreciation of evidence must come to a halt at some stageof the judicial proceedings and cannot percolate to theconstitutional court exercising, jurisdiction under Article 136""". Constitution of India, 1950 -Art. 136. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2015 INSC 750 |
Petitioner | Ram Bahal &anr. |
Respondent | Deputy Director Of Consolidation Azamgarh & Ors. |
SCR | [2015] 11 S.C.R. 390 |
Judgement Date | 2015-10-08 |
Case Number | 3594 |
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