SHRI KRISHNA AND 9 OTHERS v. DEPUTY DIRECTOR CONSOLIDATION, HARDOI AND 7 OTHERS
WRIB/258/2025 · 2025-03-26
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129452 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129452 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17277 Court No. - 7 Case :- WRIT - B No. - 258 of 2025 Petitioner :- Shri Krishna And 9 Others Respondent :- Deputy Director Consolidation, Hardoi And 7 Others Counsel for Petitioner :- Raj Kumar Upadhyaya (R.K.Upadhyaya),Ravi Shanker Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J.
1. Heard Shri Raj Kumar Upadhyaya and Shri Ravi Shanker Singh,
learned counsel for the petitioners as also Shri Hemant Kumar Pandey, learned Standing Counsel for the State-respondents. 2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. 3. By means of this petition, the petitioners, in the instant petition, have sought the following main relief :- (i) to issue a writ, order or direction in the nature of Certiorari quashing the impugned orders dated 21.02.2025 passed by the Deputy Director Consolidation, Hardoi in Revision No. 42/2025 (Computerized case No.2020531033000019) (Shri Krishna Vs. Ratanu) and order dated 12.09.2008 passed by the Consolidation Officer, Antim Abhilekh, Hardoi/OP No.2 in Case No.200/251/138/197 as contained in Annexure No. 1& 2 respectively to this writ petition. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the impugned orders dated 21.02.2025 and12.09.2008 as contained in Annexure No.1 & 2 to this writ petition, during pendency of this case. 4. Considered the following facts, as indicated. i) Case No. 4118+4119 (State Vs. Ratno and Others.), Village - Karwa, Pargana - Kanchdau, Tehsil - Bilgram, District - Hardoi under Section 9-A of Consolidation of Holdings Act, 1953 (in short "Act of 1953") was dismissed
for want of prosecution. ii) In the aforesaid case the objection dated 12.04.1993 (Annexure No. 5) was filed by Mohan Lal, Gyadeen and Maharaj, sons of Laxkman as also Shri Krishna and Dwarka Prasad, sons of Moti. iii) After delay of five years from the date of dismissal of aforesaid case and when the Office of Consolidation Officer was shifted from the village concerned, an application for restoration was filed on 24.11.1992, which was allowed subsequently. iv) The statement of the concerned were recorded before the Consolidation Officer and thereafter, the final order was passed in the case on 06.09.1993. v) Aforesaid aforesaid, an application dated 08.04.2004 for restoration of case, which was decided on merits vide order dated 06.09.1993, was filed on 09.04.2004. vi) In the application dated 08.04.2004 the date knowledge of order dated 06.09.1993 is mentioned as 04.06.2004 and the same has not been specifically denied in the objection filed by the petitioners. vii) Further that the allegations levlled in the application dated 08.04.2004 that copy of notice contains forged thumb impression has also not been denied.
viii) An application dated 08.06.2004 for restoration of case and recall of final order dated 06.09.1993 was allowed vide
order dated 12.09.2008 passed by the Consolidation Officer after observing that (a) the application was preferred within limitation from the date of knowledge of the order and (b)
report of Process Server is not correct. ix) The order dated 12.09.2008 has been affirmed by Deputy Director of Consolidation, Hardoi vide order dated
21.12.2025. x) Subject matter of case relates to claim over land in issue i.e. Khata No. 205, Village - Karwa, Pargana - Kanchdau, Tehsil - Bilgram, District - Hardoi.
5. Taking note of the aforesaid facts, on being confronted, learned counsel for the petitioners stated that the instant petition be disposed of with direction to Consolidation Officer to conclude the proceedings, most expeditiously, and for the purpose of conclusion of the proceedings, the petitioners would not take any adjournment.
6. To the aforesaid, learned State counsel has no objection.
7. Accordingly, this petition is disposed of, without interfering in the impugned orders, with a direction to the Consolidation Officer, Antim Abhilekh, Hardoi to consider and decide Case No. 200/251/138/197, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case.
8. It is made clear that this Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.
Order Date :- 26.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench