KRISHNA KUMAR DUBEY v. UP SANCHALAK CHAKBANDI, AYODHYA AND OTHERS
WRIB/85/2025 · 2025-01-29
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120433 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120433 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5866 Court No. - 8 Case :- WRIT - B No. - 85 of 2025 Petitioner :- Krishna Kumar Dubey Respondent :- Up Sanchalak Chakbandi, Ayodhya And Others Counsel for Petitioner :- Sudhir Kumar Rai Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of the respondent No.6. Under challenge is the order dated 31.05.2024 passed by the Deputy Director of Consolidation, Ayodhya whereby the revision preferred by the petitioner bearing No.401 was rejected as being not maintainable. The petitioner also challenges the
order dated 30.05.2014 passed by the Settlement Officer of Consolidation, Faizabad, whereby in an appeal preferred by the private-respondents No.4 and 5, the Settlement Officer of Consolidation has stayed the operation of the order dated
27.05.2014. The submission of the learned counsel for the petitioner is that the Consolidation Officer by means of the order dated 27.05.2014 in exercise of powers under Rule 109 of the U.P. Consolidation and Holdings Rules, 1954 passed an order dated 27.05.2014 only to the extent that the same be incorporated in the records. It is urged that the private-respondents No.4 and 5 have preferred an appeal against the said order which is not maintainable. It is also urged that the petitioner has moved an application before the Settlement Officer of Consolidation raising an issue of maintainability, but the same has not yet been decided coupled with the fact that the petitioner also had filed a revision against the order dated 30.05.2017 whereby the Settlement Officer of Consolidation has stayed the operation of the order passed by the Consolidation Officer dated 27.05.2014 and the revision has been dismissed. Having considered the aforesaid submissions and the fact that the appeal preferred by the private-respondents No.4 and 5 is already pending before the Settlement Officer of Consolidation
and the petitioner has raised an issue of maintainability which is yet to be decided. Accordingly, this Court, at this stage, is not inclined to entertain the petition leaving it open for the petitioner to raise all his objections before the Settlement Officer of Consolidation concerned. Since, the application for considering the issue of maintainability is already pending before the Settlement Officer of Consolidation concerned. accordingly, the petition is
disposed of with a direction to the Settlement Officer of Consolidation concerned to consider and decide the application regarding maintainability as filed by the petitioner after affording an opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. It is made clear that the Court has not examined the case of either of the parties on merits and the appellate Court shall consider and decide the application of the petitioner strictly in accordance with law. With the aforesaid, the petition is disposed of.
Order Date :- 29.1.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench