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2025 DAILYLAW 107875 (ALL)

RAJESH AND 2 OTHERS v. State of UP AND 2 OTHERS

WRIB/4381/2024 · 2025-01-24

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12702 Court No. - 49 Case :- WRIT - B No. - 4381 of 2024 Petitioner :- Rajesh And 2 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Jay Prakash Gupta Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. Heard learned counsel for the petitioner and Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel appearing on behalf of the State. This writ petition has been filed seeking stay of proceedings of Case No. 05/2023-24, Kamlawati vs. Rajesh and others, under Section 12 of the U.P. Consolidation of Holdings Act, 1953 pending before the Consolidation Officer, Chitbadagaon, Ballia, on ground that a suit for declaration and injunction relating to the property subject matter of consolidation proceedings, is pending before the Civil Judge (Senior Division), Ballia. This Court is afraid that a writ petition seeking a mandamus to stay further proceedings before the Consolidation Authorities, under Section 12 of the U.P. Consolidation of Holdings Act, 1953, on ground that a civil suit is pending between parties, is a prayer too misconceived to be entertained. The jurisdiction of the consolidation authorities is all encompassing and in fact the jurisdiction of other Courts is normally ousted in matters required to be decided by Consolidation Authorities. Moreover, in the absence of any substantive relief sought by the petitioner, the mere relief for a mandamus to stay proceedings pending outcome of his suit, is misconceived. This petition is, accordingly, dismissed. Order Date :- 24.1.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad