Court No. - 38
Case :- SPECIAL APPEAL No. - 695 of 2019 Appellant :- Somwati Respondent :- Deputy Director Of Consolidation And 15 Others Counsel for Appellant :- Madhusudan Dikshit Counsel for Respondent :- C.S.C.,Awadhesh Kumar Mishra,Ishir Sripat,Rekha Pundir
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
The writ petition was filed against the order of Deputy Director of Consolidation and this Court by order dated 20.5.2019 passed an interim order directing the Consolidation Officer to implement all the order of the Consolidation Authorities at once, which is under challenge in this appeal.
Shri Rahul Sripat, learned Senior Advocate assisted by Shri Ramesh Pundir appearing for the respondents submits that under Chapter VIII Rule 5 of the Rules of the Court the special appeal is not maintainable against an order passed by the Consolidation Authorities. He has further relied upon a judgment of the Division Bench of this Court in Special Appeal No. 46 of 2016 [Ram Sabad 804(Cons)1983 Vs. Ram Asrey and others] dated 10.2.2016 wherein this Court has held as under :
"We are therefore unable to agree to the submissions of the learned counsel for the appellant for all the reasons already given in the decision of Jagdish Singh (supra) and the other judgments referred to hereinabove, and also for the additional reason that if a special appeal would not be maintainable against the final judgement delivered by a learned Single Judge in a matter arising out of the U.P. Consolidation of Holdings Act, 1953, then in that event any order passed by the learned Single Judge at the interregnum stage finally disposing of applications and orders passed thereon would also not be subject to an intra court appeal as urged by the learned counsel for the appellant. The preliminary objection, therefore, is upheld.
The special appeal is not maintainable and is accordingly rejected."
That being the case, the appeal cannot be said to be maintainable. It is, accordingly, dismissed.
Order Date :- 29.5.2019 Sunil Kr. Gupta (Saurabh Shyam Shamshery, J.) (Abhinava Upadhya, J.)