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2025 DAILYLAW 129423 (ALL)

SARJU PRASAD AND 3 OTHERS v. CONSOLIDATION OFFICER -II, SADAR, SULTANPUR AND 4 OTHERS

WRIB/263/2025 · 2025-03-25

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17084 Court No. - 7 Case :- WRIT - B No. - 263 of 2025 Petitioner :- Sarju Prasad And 3 Others Respondent :- Consolidation Officer -Ii, Sadar, Sultanpur And 4 Others Counsel for Petitioner :- Dhirendra Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard. 2. This petition has been filed with the following main relief:- “(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 1 not to pass any order in proceeding under Rule 109 of U.P. Consolidation of Holding Act, 1953 bearing case no. 63 (Shaira Bano vs. Mohd. Amin and others) after the notification/Gazette of the consolidation proceedings of Village Moily, Tehsil Jaisinghpur, District-Sultanpur and to abate the matter before consolidation proceedings for final adjudication carving of chaks of the petitioners, in the interest of justice.” 3. After considering the facts of the case which includes publication of notification under Section 4 of the U.P. Consolidation of Holdings Act, 1953 (in short 'Act 1953') as also the fact that proceedings before the Consolidation Officer-II, Sadar, Sultanpur is pending under Rule 109 of U.P Consolidation of Holdings Rule, 1954, inadvertently indicated as "Rule 101 of UP. Consolidation of Holdings Rule, 1953" in the instant petition, the present petition is disposed of, without entering into merits of the case, with a direction to the Consolidation Officer-II, Sadar, Sultanpur-opposite party no.1 to decide the application preferred by the petitioner with a prayer to abate the case, within a period of two months from the date of production of a certified copy of this order before him, as per law. Order Date :- 25.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench