Uttarakhand High Court
State Of Uttarakhand vs Kundan Lal Khurana & Another on 28 July, 2015
Author: Alok Singh
Bench: Alok Singh
WPMS No. 1827 of 2015 Hon'ble Alok Singh, J.
Mr. R.C. Arya, Standing Counsel for the petitioner / State.
Mr. S.C. Bhatt, Advocate for the respondents.
Undisputedly, lease was granted in favour of respondent No. 2 under the Government Grant Act; in an objection moved under Section 9 of the U.P. Consolidation of Holdings Act, State Government was impleaded as one of the party respondents; objections so preferred by the respondents under Section 9 the Act were rejected by the Consolidation Officer; without preferring the appeal under Section 11 of the Act, respondents straightway preferred revision under Section 48 of the U.P. Consolidation of Holdings Act before the Deputy Director, Consolidation, assailing the order passed by the Consolidation Officer; in the revision, State Government was not impleaded as party respondent despite the fact that State Government was party before the Consolidation Officer; State Government moved application seeking impleadment in revision, same was dismissed on the ground that it was moved after eight years and, thereafter, revision was also allowed in favour of the respondents.
If lease was granted under the Government Grant Act, obviously, State Government was one of the necessary party. Moreover, if State Government was party before the Trial Court, i.e. Consolidation Officer, State Government ought to have been impleaded as party in the revision. However, State Government was not impleaded as party respondent in the revision and revision was allowed without hearing the State Government. By rejecting the application seeking impleadment and allowing the revision, learned Revisional Authority has committed jurisdictional error, therefore, impugned orders do not sustain in the eyes of law.
Consequently, writ petition is allowed. Order dated 04.09.2014 as well as judgment dated 30.07.2005 are hereby set aside. Revision No. 52 of 2001, Kundan Lal Khurana Vs. Surendra Kumar Chadha is remanded to the learned Deputy Director, Consolidation. Impleadment application impleading State of Uttarakhand is allowed. Revisional Authority shall decide the revision afresh in accordance with law after hearing both the parties preferably within 90 days from today.
(Alok Singh, J.) Dated 28.07.2015 Shiv