Neutral Citation No. - 2025:AHC-LKO:14128 Court No. - 8 Case :- WRIT - B No. - 22 of 2025 Petitioner :- Smt. Ladli Devi Respondent :- Deputy Director Of Consolidation, Lakhimpur Kheri And Others Counsel for Petitioner :- Girish Chandra Verma,Abhishek Kumar Pandey,Raman Kumar Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. 1. Heard the learned counsel for the petitioner and Dr. Krishna Singh for the State-respondents as well as Shri Dilip Kumar Pandey, learned counsel appearing for the Gaon Sabha. 2. Under challenge is the order dated 21.02.2023 passed by the Deputy Director of Consolidation, Lakhimpur Kheri whereby exercising powers under Section 48(3) of the U.P. Consolidation of Holdings Act, 1953, the reference has been decided against the petitioner. 3. Submission of the counsel for the petitioner is that the entire proceedings were conducted behind the back of the petitioner and even though she was the affected party yet no opportunity of hearing was granted. 4. Learned counsel for the petitioner by referring to the reference which was prepared on 30.12.2022 where after notices were issued and from the record it was demonstrated that the same have been done only to cover up and there was no substantial compliance of the proceedings initiated under Section 48(3). Apart from the notices which were never served on the petitioner yet it had inherent discrepancies which cannot be reconciled and it clearly indicates that the order passed by the respondent no.1 was without an opportunity of hearing and also against the spirit of the provision of law. 5. Taking note of the aforesaid submissions, the Court on 12.02.2025 had called for the original records which were perused by the Court and thereafter the matter was fixed for today. 6. Today, the learned Standing Counsel has provided a copy of written instructions under the signature of Shri Sanjai Kumar Singh, the Deputy Director of Consolidation, Lakhimpur Kheri dated 07.03.2025 wherein it has been stated that no notice was issued to the petitioner, accordingly the matter was decided ex parte. 7. In fact, in light of the averments which have been made by the petitioner which is not seriously disputed by the State rather it is the admitted case that no opportunity of hearing was granted. In the aforesaid situation, this Court without entering into the merits set aside the order dated 21.02.2023 passed by the Deputy Director of Consolidation, Lakhimpur Kheri. The proceedings shall stand restored on the board of the Deputy Director of Consolidation who shall after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment shall re-decide the matter afresh preferably within a period of six weeks from the date the parties appear before the Deputy Director of Consolidation. This Court provides that the parties shall appear before the Deputy Director of Consolidation concerned on 19.03.2025. 8. It is made clear that the Court has not examined the case of either of the parties on merits and the parties shall be entitled to raise all issues which are available to them in law and it is clarified that the order has been set aside solely on the ground that it was ex parte and no opportunity of hearing was granted. 9. With the aforesaid, the petition stands allowed. No order as to costs. Order Date :- 7.3.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench