Shiva Saran Singh Vs. Deputy Director of Consolidation & Ors.
EmailAppeal: Civil Appeal No. 1904 of 1988
(Arising out of SLP (C) No.6663/87.)
(Arising out of SLP (C) No.6663/87.)
Petitioner: Shiva Saran Singh
Respondent: Deputy Director of Consolidation & Ors.
Apeal: Civil Appeal No. 1904 of 1988
(Arising out of SLP (C) No.6663/87.)
(Arising out of SLP (C) No.6663/87.)
Judges: RANGANATH MISRA & N.D. OJHA, JJ.
Date of Judgment: May 10, 1988
JUDGEMENT:
O R D E R
1. Special leave granted.
2. Heard learned counsel for the parties. We are of the view that the question as to whether the widow, Smt. Bhagwan Dei, had remarried being one of fact should not have been gone into by the High Court in exercise of its Jurisdiction under Article 226 of the Constitution. Several documents as also other evidence had to be looked into to appreciate the correctness of the respective stands and reach the conclusion on that issue. From the order of the High Court we find that it has referred to some documents which were on the record and ultimately concluded by saying, “the learned Deputy Director of Consolidation has taken into consideration in detail the evidence on record and has held that Smt.Bhagwan Dei has not remarried to Shiva Saran Singh.” The order of the Deputy Director suffers from the infirmity of being an exact replica of the order of the Consolidation Officer. We would accordingly vacate the order of the Deputy Director of Consolidation and remit the matter to him for fresh disposal in accordance with law. Status quo as existing today will continue till the Deputy Director decides the matter. He shall dispose of the matter as expeditiously as possible as this matter is pending for quite a few years.
1. Special leave granted.
2. Heard learned counsel for the parties. We are of the view that the question as to whether the widow, Smt. Bhagwan Dei, had remarried being one of fact should not have been gone into by the High Court in exercise of its Jurisdiction under Article 226 of the Constitution. Several documents as also other evidence had to be looked into to appreciate the correctness of the respective stands and reach the conclusion on that issue. From the order of the High Court we find that it has referred to some documents which were on the record and ultimately concluded by saying, “the learned Deputy Director of Consolidation has taken into consideration in detail the evidence on record and has held that Smt.Bhagwan Dei has not remarried to Shiva Saran Singh.” The order of the Deputy Director suffers from the infirmity of being an exact replica of the order of the Consolidation Officer. We would accordingly vacate the order of the Deputy Director of Consolidation and remit the matter to him for fresh disposal in accordance with law. Status quo as existing today will continue till the Deputy Director decides the matter. He shall dispose of the matter as expeditiously as possible as this matter is pending for quite a few years.
