Mahadev Prasad Pathak v. Deputy Director of Consolidation
1983-08-16
K.N.MISRA
body1983
DigiLaw.ai
JUDGMENT K.N. Misra, J.- Heard learned counsel for the petitioner and perused the impugned order dated 17th May, 1983 passed by the Deputy Director of Consolidation by which be has partly allowed the revision and has directed that the documents whichever are produced on behalf of Sanatan Dharam Inter College Orai, should be produced by some authorised person and he should also produce the letter of the authority from the Pradhanacharya or the Prabandhak of the Institution. So far as the prayer for summoning the documents is concerned it has been observed that the revisionist may obtain certified copies of those documents on which he wants to place reliance and file the same. 2. Learned counsel for the petitioner contends that the documents are with the opposite party No. 5 Sanatan Dharam Inter College, Oral and as such, those documents should be produced by the College authorities and no burden should be placed on the petitioner to produce those documents. Be that as it may the question is if the documents are produced by the petitioner or by the opposite parties the relevancy of those documents will then be considered by the Consolidation Officer, and as such whether the documents in question are in possession of the petitioner or in possession of the opposite parties, loses all its importance. If any relevant document is in possession of the petitioner or the opposite party and they fail to produce those documents an inference can be drawn against that party. In this view of the matter. I find that even it the petitioner does not file the certified copies of those documents, no harm will be caused to the petitioner by the impugned order. 3. Learned counsel for the petitioner contends that Jagdish Prasad Tewari is not Manager and the earlier Manager Sri Bharti Saran Vyas was also not duly appointed Manager of the Institution. This fact whether Jagdish Prasad Tewari was duly appointed Manager or not is not relevant in the present case because the consolidation authorities cannot determine this question. Therefore, those documents which relate to the appointment of the Manager are not at all relevant and should not be summoned.
This fact whether Jagdish Prasad Tewari was duly appointed Manager or not is not relevant in the present case because the consolidation authorities cannot determine this question. Therefore, those documents which relate to the appointment of the Manager are not at all relevant and should not be summoned. In the present case the sole question is whether tho petitioner or Sanatan Dharam Inter College, Orai is the tenure-holder of the land in dispute and on this question only the documents and evidence be permitted to be led by the parties. In this view of the matter, I do not find any merit in the writ petition. 4. The writ petition being devoid of any merit is accordingly dismissed in limine.