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2025 DAILYLAW 128602 (ALL)

RADHEY SHYAM v. DEPUTY DIRECTOR OF CONSOLIDATION AND 42 OTHERS

WRIB/242/2025 · 2025-03-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16293 Court No. - 7 Case :- WRIT - B No. - 242 of 2025 Petitioner :- Radhey Shyam Respondent :- Deputy Director Of Consolidation And 42 Others Counsel for Petitioner :- Prabhakar Vardhan Chaudhary Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. By means of this petition, the petitioner has assailed the order dated 04.11.2024 passed by opposite party no.1/Deputy Director of Consolidation, Unnao in Revision/Case No.0198/2018, Computer Case No.2018531069000198 (Radhey Shyam Vs. Raj Bahadur etc.), which was instituted under Section 48(1) of U.P. Consolidation of Holdings Act, 1953 (in short 'Act 1953') as well as order dated 14.02.2017 passed by opposite party no.2/Settlement Officer of Consolidation, Unnao in Appeal No.518/16-17 (Raj Bahadur etc. Vs. Radhey Shyam), filed under Section 11(1) of Act 1953. By the impugned order dated 14.02.2017, affirmed vide impugned order dated 04.11.2024, the opposite party no.2 after making some observations, remanded the matter back to the Consolidation Officer. A bare perusal of impugned order dated 14.02.2017 shows that it is simplicitor order of remand, by which, the proceedings have not been terminated. The parties are still having full opportunity to place their case before the authority concerned. Considering the aforesaid and the law on the issue related to interference in the order of remand, this Court is not inclined to entertain this petition. It is accordingly disposed of finally with the observations that it is expected from the Consolidation Officer, Ganjmoradabad, Unnao to conclude the proceedings in terms of order passed by the Settlement Officer of Consolidation, Unnao dated 14.02.2017, against which a delayed revision was filed by the petitioner on 19.07.2018 and has been dismissed vide impugned order dated 04.11.2024, within a period of six months from the date of production of certified copy of this order if there is no legal impediment in this regard. Order Date :- 20.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench