Neutral Citation No. - 2025:AHC-LKO:39765 Court No. - 6 Case :- WRIT - B No. - 164 of 2025 Petitioner :- Gaurav Kedia And Another Respondent :- Deputy Director Of Consolidation, Bahraich And Others Counsel for Petitioner :- Uma Shankar Sahai,Bhavana Gupta,Devraj Singh,Shashwat Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard Sri Uma Shankar Sahai, learned counsel for the petitioners as well as learned Standing Counsel for the State respondents. Sri Ashish Raman Mishra, Advocate has filed his vakalatnama on behalf of respondent nos. 3 and 4, same is taken on record. 2. Present writ petition has been fled assailing order of the Deputy Director of Consolidation dated 11.02.2025, wherein only after recording the facts, rejected the application preferred by the petitioner against order dated 06.01.2012, which was filed by the petitioner on 28.01.2022, that revision would not be maintainable and consequently, rejected the revision giving liberty to the petitioners to pursue his application for recall before the Consolidation Officer. 3. It is submitted by learned counsel for the petitioners that the present dispute pertains to plot no. 82/1255/0.36 hectares, situated at Village - Payagpur, Pargana, Tehsil and District - Bahraich. It has been submitted by learned counsel for the petitioner that by means of order dated 06.01.2012, the Consolidation Officer had allotted new chak to respondent nos. 3 and 4 being Plot No. 138/2605 area 0.020 hectares on the road side which was illegally carved out of the Plot No. 82/1255 of the petitioners, in proceedings under Sectin 42A of the Consolidation of Holdings Act. A recall application remained pending where the private respondents also filed their objections on the question of limitation and also on merits. There is no dispute with regard to the fact that recall application remained pending and subsequently the petitioners endorsed their intention not to pursue the said recall application on 01.02.2022, and thereafter, assailed the order dated 06.01.2012 in revision before the Deputy Director of Consolidation, Devipatan Division, Gonda. 4. The Deputy Director of Consolidation by means of impugned order has taken notice of the fact that recall application is pending and therefore, during pendency of recall application, has held that, revision petition would not be maintainable. There is no dispute that despite petitioner having indicated before the Consolidation Officer that he does not want to press the recall application, no formal orders have been passed by the Consolidation Officer. 5. Learned counsel for the respondents has opposed the present petition, but does not dispute the aforesaid facts. 6. Accordingly, once petitioner with regard to his recall application before the Consolidation Officer has himself submitted before him that he does not want to pursue the same, then the Consolidation Officer has no discretion in the matter, except to dismiss the recall application considering the fact that applicants right to dominus litus cannot be curtailed and he could not be forced to litigate in the matter which he does not want to pursue. Accordingly, the Deputy Director of Consolidation should have considered the facts of the case in its correct perspective and should not have dismissed the revision petition, considering that recall application was pending before the Consolidation Officer. 7. Accordingly, treating the recall application to have been dismissed, this Court is interfering in the present matter by setting aside the order dated 11.02.2025, passed by the Deputy Director of Consolidation, Bahraich and direct the Deputy Director of Consolidation to proceed to consider and decide the revision preferred by the petitioner on merits. Both the parties undertake to cooperate before the Deputy Director of Consolidation, who shall proceed to consider and decide the matter on merits with expedition. 8. The writ petition stands allowed. Order Date :- 11.7.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench