Neutral Citation No. - 2025:AHC-LKO:2382 Court No. - 8 Case :- WRIT - B No. - 30 of 2025 Petitioner :- Vivek Kumar Mishra And Another Respondent :- Consolidation Officer, Tehsil Kadipur, Sultanpur And 14 Others Counsel for Petitioner :- Saryu Prasad Tiwari,Prince Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos. 1 has been accepted by the office of the learned Chief Standing Counsel. In view of the order proposed by the Court, notice to the private respondents nos. 2 to 15 are dispensed with. By means of the instant petition, the petitioners assail the order dated 26.12.2024 passed by the Consolidation Officer, Tehsil- Kadipur, District Sultanpur in the proceedings under Rule 109- A of the Uttar Pradesh Consolidation of Holdings Act, 1954. The submission of learned counsel for the petitioners is that at the behest of the private respondents, the proceedings under Section 12 of the U.P. Consolidation of Holdings Act, 1953 were initiated which came to be decided in favour of the private respondents by means of order dated 23.12.2024, a copy of which has been brought on record as Annexure No. 4. It is submitted that the petitioners had immediately thereafter preferred an appeal which is engaging the attention of the Settlement Officer of Consolidation concerned. On the said appeal, the SOC has fixed 20.01.2025 as the next date. While the appeal was pending, at the behest of the private respondents, an application under Rule 109-A of the Rules of 1954 was moved in order to give effect to the order dated 23..12.2024. It is the case of the petitioners that they were not heard and on the very same day, the reports were furnished which were proved and finally the order came to be passed on the same day itself i.e. 24.12.2024. It is urged that the Authorities have moved with unexpected haste and has passed the orders whereby the rights of the petitioners are prejudiced despite the fact that his statutory appeal is pending before the Appellate Court. In such circumstances, the order dated 26.12.2024 is being assailed. Having considered the aforesaid submissions and from the perusal of the material on record, the undisputed fact is that the dispute between the petitioner and the private respondents came to be decided in proceedings under Section 12 of the U.P.C.H. Act, 1953 by means of order dated 23.12.2024. It is also an undisputed fact that the present petitioners have already approached the First Appellate Court i.e. the Settlement Officer of consolidation concerned. As per the averments made by the petitioner, admittedly the appeal is listed on 20.01.2025. There is nothing on record to indicate that the petitioners have moved an application for interim relief before the First Appellate Court. Be that as it may, since the statutory appeal of the petitioner is pending and apparently from the record, there is no application for interim relief. Considering the aforesaid facts and circumstances, the liberty is granted to the petitioner to move an appropriate application before the Settlement Officer of Consolidation where the statutory appeal is pending and the Appellate Court after affording opportunity of hearing to the parties shall consider and pass appropriate orders strictly in accordance with law. It is made clear that the Court has not examined the case of the petitioner on merits and it will be open for the Appellate Authority to consider and decide the application, if so moved, as per the liberty granted by the Court in accordance with law. With the aforesaid observations, the present petition is disposed of. Order Date :- 15.1.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench