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2025 DAILYLAW 11797 (ALL)

VISHAMBHAR SINGH v. STATE OF U.P. AND OTHERS

WRIB/60183/2009 · 2025-05-13

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79599 Court No. - 50 Case :- WRIT - B No. - 60183 of 2009 Petitioner :- Vishambhar Singh Respondent :- State of U.P. and Others Counsel for Petitioner :- J.K. Sharma Counsel for Respondent :- C.S.C.,A.P.N. Giri,Chheda Lal Verma Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State. 2. The instant petition has been field for following reliefs:- "i. Issue a writ, order or direction in the nature of writ of mandamus directing the respondent concern to not to implement the order dated 19.01.1995 passed by respondent no. 2 after expiry of more than 14 years, which is in respect of re consolidation proceeding in the village of the petitioner. ii. Issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to maintain the status quo pursuant to earlier consolidation proceedings". 3. On 11.11.2009 following interim order was passed by this Court:- "Heard learned counsel for the petitioner and learned Standing Counsel for the respondent no.1 to 4. Issue notice to the respondent nos.5 & 6. Let counter affidavit be filed within six week. Rejoinder affidavit may be filed within two weeks thereafter. List in the third week of January 2010. Till then, parties are directed to maintain status quo over the land in dispute. " 4. In the writ petition, it is mentioned that the consolidation proceeding was initiated in the village in the year 1988 and the consolidation authorities are not proceeding in proper manner, as such, direction should be issued to respondents that order dated 19.1.1995 passed by respondent no.2. should not be implemented. 5. The prayer made in the instant petition cannot be granted by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. 6. Under the U.P. Consolidation of Holdings Act, 1953, full procedure has been prescribed for redressal of the grievance of the tenure holder as such writ of mandamus cannot be issued regarding the prayer made in the instant petition. 7. The writ petition is misconceived and dismissed accordingly. 8. Interim order, if any, is vacated. Order Date :- 14.5.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad