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2025 DAILYLAW 106662 (ALL)

MOHD. YUSUF AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIB/4313/2024 · 2025-01-23

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11922 Court No. - 49 Case :- WRIT - B No. - 4313 of 2024 Petitioner :- Mohd. Yusuf and another Respondent :- State of U.P. and others Counsel for Petitioner :- Manish Kumar Pandey Counsel for Respondent :- Brajesh Shukla,C.S.C. Hon'ble J.J. Munir,J. 1. Heard learned Counsel for the petitioner, Mr. Brajesh Shukla, learned Counsel appearing on behalf of respondent Nos. 4 to 8 and Mr. Sanjay Kumar Ray, learned Standing Counsel appearing on behalf of the State. 2. An application under Section 42A of the Uttar Pradesh Consolidation of Holdings Act, 1953 ('Act of 1953' for short) for giving effect to the order dated 27.03.2023 passed by the Consolidation Officer, Najibabad, Bijnor was filed before the Consolidation Officer, Najibabad, Bijnor. The Consolidation Officer allowed the said application vide order dated 08.05.2023 and the petitioner's revision against the said order has been dismissed vide order dated 31.08.2024. 3. The submission of learned Counsel for the petitioner is that the order dated 08.05.2023 has been passed without affording the petitioner any opportunity of hearing. 4. Mr. Brajesh Shukla, learned Counsel for respondent Nos. 4 to 8 submits that the order dated 08.05.2023 is only a consequential order passed in execution of the order dated 27.03.2023. 5. Be that as it may, it is not disputed that the order dated 27.03.2023 passed by the Consolidation Officer has not been challenged by the petitioner and it has become final inter partes. The order dated 08.05.2023 has been passed by the Consolidation Officer under Section 42A of the Act of 1953 to give effect to the order of the Consolidation Officer, Najibabad, Bijnor dated 27.03.2023. The petitioner's revision from the order dated 08.05.2023 has been dismissed by the Deputy Director of Consolidation, Bijnor vide order dated 31.08.2024. 6. Ex-facie, there is absolutely no scope to restrain implementation of the order dated 08.05.2023, inasmuch as the order dated 27.03.2023, correcting area of Plot No. 686 etc. under Section 9(A)2 of the Act of 1953 has attained finality and once a substantial order has become final, there is absolutely no basis to forebear proceedings for implementation/execution of the order under Rule 109 of the Uttar Pradesh Consolidation of Holdings Rules, 1954. 7. In this view of the matter, this petition fails and is summarily dismissed. Order Date :- January 23, 2025 I. Batabyal (J.J. Munir, J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad