2025:UHC:7599 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2506/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Sanjay Kumar, Advocate for the petitioners. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 6. 3. Mr. Ishwari Dutt Paliwal, Addl. CSC for the State of Uttar Pradesh / respondent no. 7. 4. By means of this writ petition, petitioners have sought the following reliefs:- “i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to constitute an independent agency or to constitute SIT to inquire the matter in regards to the bandobast record of 1361 Fasali year, in regard to revenue village Pachchawala, Tehsil Kashiur, District Udham Singh Nagar which has been prepared without following any procedure and without mentioning the old sabik number and the name of old original owners have been removed from the revenue records without any of the order passed by any of the competent authority, who will submit its report before this Hon'ble Court within the stipulated time period as deem fit by this Hon'ble Court, so the real culprits may be punished and the beneficiaries/survivors of the original title holders may get their legal rights. ii) Issue a writ, order, or direction in the nature of certiorari quashing the bandobast record of 1961 Fasali year (Annexure No. 2 in part which relates to the records of 1361 Fasli year, to this petition), in regard to revenue village Pachchawala, Tehsil Kashiur, District Udham Singh Nagar, declaring it to be null & void. iii) Issue a writ, order or direction in the nature of mandamus commanding / directing the respondent no. 1 to stop the consolidation proceedings declaring null & void. 2025:UHC:7599 iv) Issue a writ, order, or direction in the nature of mandamus commanding / directing the respondents to take the decision on the representation dated 04-10-2024 (Annexure No. 10 to this petition) submitted by the petitioners within a time-bound period as fixed by this Hon’ble Court.” 5. Learned State Counsel, however, submits that the writ petition is misconceived, as challenging order dated 30.09.2023, passed by Consolidation Officer, Bazpur, petitioners have preferred an Appeal, which is pending before Settlement Officer, Consolidation, Kashipur, and is numbered as Appeal No. 234 of 2023-24. Learned State Counsel further submits that after Appeal, a person, who is not satisfied with Appellate Court’s order, can file a revision under Section 48 of the Consolidation of Holdings Act. Thus, he submits that petitioners want to short circuit the process and they have directly approached this Court, without waiting for outcome of the Appeal. 6. Learned counsel for the petitioners although admits that Appeal filed by petitioners is pending, however, he submits that no progress has been made for the last one and half years. 7. Since petitioners’ Appeal is pending before Settlement Officer, Consolidation for last more than a year, therefore, the writ petition is disposed of with a request to the Settlement Officer, Consolidation to decide the Appeal filed by petitioners, after hearing all the parties, as per law, within nine months from the date of production of certified copy of this order. (Manoj Kumar Tiwari, .J.) 27.08.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da 82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.27 17:36:34 +05'30'