NDLI: Mahant Lalita Sharanji Vs. Deoki Devi & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consolidation proceedings
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Uttar Pradesh Consolidation of Holdings Act, 1953 (5 of 1954)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	U.P. Consolidation of Holdings Act, 1953 – ss. 9(2), 11-A – Consolidation proceedings – Appellant-mahant of a temple, owner of plot bearing no. 212/2 and respondent owner of land bearing no. 319 – Consolidation proceedings – Appellant allotted portion of plot no. 212/2, 215 and 216 – Portion of plot no. 212/2 adjoining the road was treated as bachat land for use by the Gaon Sabha – One P allotted a very small portion of Plot No. 212/2 – Land reserved as bachat land for use by the Gaon Sabha and the land allotted to P adjoined the main road – Respondent also allotted a portion of Plot No. 215 – Appellant did not challenge the allotment of front portion of land as bachat land to be used by the Gaon Sabha or the allotment of land to P – One B, challenged the allotment of land in favour of respondent – Settlement Officer amended the allotment – Respondent was allotted land in plot 212/2 adjoining the main road – Bachat land was changed from one plot to another – Share of appellant also changed – Challenge to, by the appellant – High Court held that the appellant had no right to challenge the order of the Settlement Officer – Held: It is clear that the appellant would have had access to the road when the land was allotted to the Gaon Sabha as bachat land – They could have also used the land and his access to the road would not have been affected, had that portion of the land been not allotted to respondent – This order virtually nullified the earlier order and, thus, the appellant was well within his rights to challenge the order passed by the Settlement Officer in the appeal filed by B – If an order adversely affects any party, he has a right to challenge it – Appellant was not a party to the appeal filed by B, but by the said order passed by the Settlement Officer, Consolidation, the appellant was virtually denied access to the road – Thus, the Deputy Director, Consolidation was justified in entertaining the revision filed by the appellant and making re-allotments – High Court erred in holding that the appellant had no right to challenge the order of the Settlement Officer because he had not challenged the original order in original proceedings whereby the front portion of the land was treated as bachat land – Later allotment of land to respondent and shifting of the bachat land gave rise to fresh cause of action to the appellant – Thus, the order of the High Court is set aside and the order passed by the Deputy Director, Consolidation is restored.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2018 INSC 155
Petitioner	Mahant Lalita Sharanji
Respondent	Deoki Devi & Anr.
SCR	[2018] 1 S.C.R. 468
Judgement Date	2018-02-16
Case Number	394

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Mahant Lalita Sharanji Vs. Deoki Devi & Anr.

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