Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10566 (ALL)

GHANSHYAM DUBEY v. STATE OF U.P. AND 16 OTHERS

WRIB/540/2025 · 2025-04-21

Chandra Kumar Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:60648 Court No. - 50 Case :- WRIT - B No. - 540 of 2025 Petitioner :- Ghanshyam Dubey Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- R S Dubey,Savita Dubey Counsel for Respondent :- C.S.C.,Mohit Verma,Sachida Nand Tripathi Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. R.S. Dubey, learned counsel for the petitioner, Mr. S.N. Tripathi, learned counsel for private respondent no.10 and Mr. Tarun Gaur, learned Standing Counsel for the State-respondents. 2. Brief facts of the case are that title revision filed by private respondent is pending under Section 48 of U.P. Consolidation of Holdings Act, 1953 before revisional Court. This Court vide order order dated 11.10.2023 in Writ-B No.3505 of 2023 has remanded the matter before Deputy Director of Consolidation, Gorakhpur to decide the title revision himself in place of remanding the matter before the Consolidation Officer. 3. The instant petition has been filed for the following reliefs: "i. issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 to 8 to handover the possession to petitioner who has illegally / forcibly occupy by the private respondents of Arazi No.237 area about 0.1270 hectare, which is situated at Barpar, Tappa Khutahan, Pargana Dhuriyapar, Tahsil- Gola, District- Gorakhpur. ii. issue a writ, order or direction in the nature of mandamus directing the respondent authority to decide the application dated 10.1.2025 moved by petitioner regarding the illegal / forcefully possession made by private respondents." 4. Learned counsel for the petitioner submitted that in view of the facts and circumstances mentioned in the writ petition as well as the order passed by the consolidation authorities, the petitioner is entitled to possession of disputed plot which has been taken by the private respondent forcefully. He further submitted that the order passed by the consolidation authorities is in favour of the petitioner, as such, petitioner is entitled for possession of the plot in question. 5. On the other hand, Mr. S.N. Tripathi, learned counsel for respondent no.10 submitted that the title revision filed by private respondent is pending before Deputy Director of Consolidation and interim protection has been granted, as such, the prayer made in the instant petition cannot be entertained by this Court. He further submitted that after the final order dated 11.10.2023 passed by this Court in Writ-B No.3505 of 2023, modification application filed by the petitioner has been disposed of vide order dated 17.10.2023, as such, the prayer made in the instant petition cannot be allowed. 6. I have considered the argument advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that the title revision filed by private respondent before filing of the instant petition was pending before Deputy Director of Consolidation, Gorakhpur but this Court in Writ- C No.14487 of 2024 has transferred the proceeding of pending revision before the District Deputy Director of Consolidation / Collector, Gorakhpur, accordingly, the revision will be decided by the authority concern. 8. Since, the title dispute under Section 48 of U.P.C.H. Act is pending before the revisional authority, as such, the prayer made in the instant petition cannot be entertained in exercise of jurisdiction under Article 226 of the Constitution of India as the entire dispute is to be decided by the District Deputy Director of Consolidation / Collector, Gorakhpur in pursuance of the order dated 22.4.2025 passed by this Court in Writ-C No.14487 of 2024. 9. No interference is required in the matter. 10. The writ petition is dismissed. Order Date :- 22.4.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad