SARDAR SINGH versus DEPUTY DIRECTOR OF CONSOLIDATION AGRA CAMP, MA THURA AND ORS.

Citation: [1994] SUPP. 1 S.C.R. 460 · Decided: 12-07-1994 · Supreme Court of India · Bench: KULDIP SINGH, S.P. BHARUCHA · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
B 
SARDAR SINGH 
v. 
DEPUTY DIRECTOR OF CONSOLIDATION AGRA CAMP, 
MA THURA AND ORS. 
. , 
" 
JULY 12, 1994 
[KULDIP SINGH AND S.P. BHARUCHA, JJ.) · 
U.P. Consolidation of Holdings Act, 1953: 
.. 
C 
Sections 4, 5(2)(a).and 48. 
Consolidation proceedings-Stayed by High Court till the final tlisposal 
of pending civil suit-Likelihood of adverse effect on the consolidation opera-
ti~ns'-drder staying the proceedings set aside-Direciion.i given to place the 
Civil court judgment before Director. Consolidation who may reopen the 
D proceedings if necessary. 
GS, a big Zamindar died leaving behind agricultural land as weR as 
oiher property. After bis death many people claimed rights in the property. 
All of them filed testamentary suits in the High Court. The Administrator 
General also filed a testamentary suit claiming letters of administration. 
E The High Court dismissed all the suits except the one filed by the Ad· 
minlstrator General and directed him to manage the property till the 
rights of the parties were determined by the Civil Court. A civil suit filed 
by Respondent 5 in respect of agricultural land and other property Is still 
pending. In the meantime consolidation operations commenced under the 
F 
U.P. Consolidation of Holdings Act, 1953. The pending civil suit stood 
abated in respect of agricultural lands as per Section 5(2) (a) of the Act. 
On an application filed by Respondent S, the Consolidation Officer 
held that the consolidation proceedings could not be stayed. An appeal 
before the Settlement Officer and a revision before the Deputy Director 
G also failed. Thereafter, Respondent S filed a writ petition before the High 
Court, which stayed the consolidation proceedings till the final disposal of 
the suit. One of the defendants in the suit has preferred the present appeal. 
Allowing the appeal, this Court 
H 
HELD: 1. The High Court fell into error In staying the consolidation 
460 
S. SINGH v. CONSOLIDATION AGRA CAMP [KULDIP SINGH,J.) 
461 
proceedings to await the decision in the civil proceedings. [ 465-0) 
• 
A 
2. Keeping in view the nature or the consolidation operations the 
staying of the consolidation proceedings in respect of part of land may 
have an adverse effect on the consolidation operations in the whole or the 
area. The consolidation operations under the Act include the determina-
tion of an area for extension of abadi including the site fot harljans and B 
landless persons, area for other public purposes and the prelJaratiun of 
the scheme. The consolidation opeations under the Act would not be 
smoothly completed Ir the proceedings in respect of a part of the land are 
stayed. Even the scheme of the Act makes it clear that the authorities under 
the Act have no power to stay the consolidation proceedings once the said C 
IJro<eemngs are commenced by way of a notification l!nder Section 4 or the 
Act. (465-B-D) 
3. The consolidation authorities should have an opportunity to 1ake 
into consideration the findings of the civil courts. It is directed that on the 
ilnal conclusion of the civil proceedings the judgment of the civil court D 
which achieves finality be placed before the Director of Consolidation who 
shall thereupon, if necessary, reopen the proceedings under Section 48 or 
the Act and pass a fresh order after taking Into cottsideration the findings 
of the <Ml court. [ 465-E-F] 
CIVIL APPELLATE JURISDICTION : Civil Appeal lio. 413 of E 
1993. 
From the Judgment and Order dated 7.5.85 of the Allahabad High 
Court in C.M.W.P. No. 560 of 1985. 
S.K. Bisaria, R.S. Hegde and S.K. Sarvesh for the Appellant. 
Pramod Swarup and S.K. Jain for the Respondents. 
The Judgment of the Court was delivered by 
F 
KULDIP SINGH, J. Girwar Singh, a big zamindar, died on May 24, G 
1971. He left behind agricultural land as well as other property. After the 
death of Girwar Singh many persons claimed rights in the property left by 
him. Giriraj Kishore, respondent 5 in the appeal herein, is also one of the 
claimants. Giriraj Kishore claims that his father was adopted as a son by 
Girwar Singh's father. Sardar Singh-appellant claims to be a son of real H 
462 
SUPREME COURT REPORTS (1994] SUPP. 1 S.C.R. 
A 
sister of Girwar Singh. He further claims right in the property on the basis 
of a will dated May 19, 1971. One Sharda Devi stakes her right claiming 
to be the real sister of Girwar Singh. One Narendra Pal Singh states that 
he is the adopted son of Girwar Singh and as such entitl
Excerpt shown. Read the full judgment & AI analysis in Lexace.