SHIVRAJI Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) D. P. Mohapatra, C J. Pursuant to the order passed on 3-4-1995 by a Division Bench (B. K. Roy and R. R. K. Trivedi, JJ), referring the case for decision by a Full Bench this case has been listed before us.

(2.) INITIALLY the case was listed before a single Judge of this Court (B. K. Roy, J. ). The question referred by the Single Judge to the Division Bench was formulated as under: "whether it is open for the consolidation authorities to review/recall their final orders exer cising inherent powers even though the U. R Con solidation of Holdings Act, 1953 does not vest them any review jurisdiction?. " The Division Bench, on consideration of the question, was of the view that the point should be decided by a Full Bench since there are some decisions of Division Benches of this Court tailing the view that the consolidation authorities could review the final orders passed by them in exercise of inherent powers. The Division Bench seized of this case referred to the decisions of the Supreme Court reported in AIR 1964 S. C. 436-Laxman Purshottam Pimputkar v. The State of Bombay and others, AIR 1960 S. C. 641- Harbhajan Singh v. Karam Singh and others) and AI. R. 1965 S. C. 1457-Patel Chumbhai Dajibhai v. Narayanarao Khanderao Janbekar and also the Division Bench of this Court in the case of Smt. Lachmana alias Hubraja v. Deputy Director of Consolidation, U. P. Lucknow and others, (1966) R. D. 419, and some other decisions and felt that the matter should be decided by a Full Bench as observed by the Apex Court in the case of Rakesh Kumar Verma v. State of M. P, (1995) 2 SCC 129; hence the order dated 3-4- 1995.

(3.) SECTION 11, which makes provision for appeals by any part to the proceeding under SECTION 9-A, who is aggrieved by an order of the Assistant Consolidation Of ficer or the Consolidation Officer, and such and appeal is to be filed before the Settle ment Officer (Consolidation) within 21 days of the date of the order and the order of the Settlement Officer (Consolidation) shall be final and not be questioned in any court of law. In sub-section (2) of SECTION 11 it is laid down that the Settlement Officer (Consolidation), hearing an appeal under sub-section (1), shall be deemed to be a court of competent jurisdiction, anything to the contrary contained in any law for the time being in force notwithstanding.