Jiwan Singh vs State Of U.P. And Others on 17 November, 1998
Subsections (1) and (2) of Section 6 and the second proviso of Sub-section (2) of Section 5 have to be read together to determine their effect. Thus, read it is clear that it is only where final orders relating to correction of land records have not been passed that the proceedings of a pending suit in which an order of abatement had been passed shall stand revived. In cases where a final order relating to correction of land records has been passed the final order would not be affected by the notification under Section 6(1) and provisions of Section 49 of the Consolidation of Holdings Act would become applicable. The decision in Jiwan Singh's case is distinguishable. The question there involved was about the stage when a notification under Section 6 (1) can be issued and not about the effect the notification would have upon final orders in the title proceedings. That apart a writ petition is not a continuity of the consolidation proceedings. The ceasure of the consolidation operations therefore docs not affect the maintainability of the writ petition against a final order in a title dispute and such a petition does not become infructuous on issuance of the notification under Section 6. The order of the Dy. Director of Consolidation in the revision had been passed long before the issuance of the notification under Sub-section (1) of Section 6 of the Act. Issuance of the notification under Sub-section (1) therefore has no effect upon the fate of the writ petition. The application is dismissed and no ground for recalling the order dismissing the writ petition is made out.