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2025 DAILYLAW 112240 (ALL)

SANJAY AND 4 OTHERS v. STATE OF U.P. AND 11 OTHERS

WRIB/4817/2024 · 2025-03-05

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32837 Court No. - 49 Case :- WRIT - B No. - 4817 of 2024 Petitioner :- Sanjay And 4 Others Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Shiv Bhawan,Subedar Shukla Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J. 1. The report of the Consolidation Officer has been placed by the Office is taken on record. 2. This petition has been filed seeking the following relief: "i) issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent no.3/ Assistant Consolidation Officer, Jaunpur to allot the Khata No. 35 which belongs to the petitioners as per Jot Chakbandi Aakar Patra-5 dated 20.09.2024, rejecting the illegal objection filed by the respondent No. 4 to 12. ii) issue a writ order of direction in the nature of mandamus commanding and directing to the respondent no.3/ Assistant Consolidation Officer, Jaunpur to consider and decide the application of the petitioners dated 03.12.2024 which is still pending. iii) issue any other writ order or direction, which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case." 3. It is admitted by the learned counsel for the petitioners that the private-respondents have filed objection under Section 9(A) of the U.P. Consolidation of Holdings Act in October, 2024 which is a title dispute. The proceedings, therefore, are to be decided by the concerned authority after due evidence and procedure. The petitioners, on the other hand, has moved a representation dated 3.12.2024 addressed to the Settlement Officer of Consolidation which has been sent by registered post to that authority seeking a direction for undertaking an inquiry in the matter. 4. In the opinion of the Court, this petition is wholly misconceived. It is for the petitioners to appear before the Consolidation Authorities and pursue their case. This petition is, therefore, dismissed with cost of Rs. 1,000/- which shall be deposited within one month, failing which, the Registrar General shall ensure that it is recovered as arrears of land revenue from the petitioners. 5. Shri Sharad Chandra Singh, learned Additional Chief Standing Counsel is directed to send a copy of this order to the concerned Consolidation Authorities for their record. Order Date :- 6.3.2025 A. V. Singh (Jayant Banerji, J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad