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Ram Pyare Vs. Deputy Director of Consolidation and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCivil Misc. Writ No. 6725 of 1972
Judge
Reported inAIR1973All347
ActsUttar Pradesh Consolidation of Holdings Act, 1954 - Sections 41; Uttar Pradesh Land Revenue Act, 1901
AppellantRam Pyare
RespondentDeputy Director of Consolidation and ors.
Appellant AdvocateMarkandey Katju, Adv.
Respondent AdvocateStanding Counsel
DispositionPetition dismissed
Excerpt:
civil - review - section 41 of u.p. consolidations of holdings act, 1954 - whether power to review its own judgment can be exercised by courts - held, cannot be reviewed unless power is conferred. - .....expressly provided by or under this act, the provisions of chapters ix and x of the u. p. land revenue act, 1901 shall apply to all proceedings including appeal and applications under this act.'chapter x of the land revenue act gives the power to the board of revenue to review its judgment there is, however, no provision therein regarding review of orders by authorities under the u. p. consolidation of holdings act.3. in our opinion section 41 of the act only makes applicable the provisions of chapters ix and x of the u. p. land revenue act to proceedings initiated under the u. p. consolidation of holdings act, including proceedings of appeal and revision. once the proceedings are initiated under this act, the procedure laid down in chapters ix and x shall apply. section 41,.....
Judgment:

Hari Swarup, J.

1. Through this petition the order of the Deputy Director of Consolidation dismissing as not maintainable the application for review of the order passed in Revision is being challenged. Admittedly there in no specific provision in the U. P. Consolidation of Holdings Act, hereinafter referred to as the Act, conferring on the Deputy Director of Consolidation the power to review his judgment. Learned counsel contends that Section 41 of the Act confers such power.

2. Section 41 reads as under:

'Unless otherwise expressly provided by or under this Act, the provisions of Chapters IX and X of the U. P. Land Revenue Act, 1901 shall apply to all proceedings including appeal and applications under this Act.'

Chapter X of the Land Revenue Act gives the power to the Board of Revenue to review its judgment There is, however, no provision therein regarding review of orders by authorities under the U. P. Consolidation of Holdings Act.

3. In our opinion Section 41 of the Act only makes applicable the provisions of Chapters IX and X of the U. P. Land Revenue Act to proceedings initiated under the U. P. Consolidation of Holdings Act, including proceedings of appeal and revision. Once the proceedings are initiated under this Act, the procedure laid down in Chapters IX and X shall apply. Section 41, however, does not authorise the initiation of proceedings not contemplated or authorised by the Act. The power of review has to be specifically conferred and unless there is a provision in the Act permitting initiation of such proceeding, the question of applicability of procedure laid down in Charters IX and X of the U. P. Land Revenue Act does not arise. In THe case of Qadam Singh v. Ganga Saran, 1960 All LJ 836 this Court had taken the view that no review lies. We are also of the same view.

4. The petition is accordingly dismissed.


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