RAMCHANDRA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND OTHERS
WRIB/306/2025 · 2025-04-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132211 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132211 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20043 Court No. - 7 Case :- WRIT - B No. - 306 of 2025 Petitioner :- Ramchandra And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And Others Counsel for Petitioner :- Surya Prakash Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos. 1 and 2 and perused the record. By means of present petition, the petitioners has sought the following main relief(s):-
"(1) To issue a writ order or direction in the nature of Certiorari
quashing/set
aside
the
Consolidation proceedings/ongoing or proposed consolidation process of the Village Panchayat Vindhaury, Block & Tehsil Bilgram, District- Hardoi in the interest of justice. (2) To issue a writ order or direction in the nature of mandamus commanding to the opposite parties, the further proceeding/consolidation process has been stayed of the Village Panchayat Vindhaury, Block & Tehsil Bilgram, District Hardoi till the disposal of the present writ petition in the interest of justice. (3) To issue a writ order or direction in the nature of mandamus commanding to the opposite parties i.e. opposite party no.2 i.e. Consolidation Commissioner, Indira Bhawan, Lucknow, Uttar Pradesh to take decision upon the representation dated 02.02.2025 regarding separating the consolidation process of the Village Panchayat Vindhaury, Block & Tehsil Bilgram, District Hardoi regarding separating Village Bindhauri contained as annexure no.6 to the writ petition." The Notification, in issue, issued under Section 4-A(2) of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953") published on 18.09.2015 can be recalled by the Consolidation Commissioner, if Rule 17 of U.P. Consolidation of Holdings Rules, 1954 (in short "Rules of 1954") is attracted. Taking note of Rule 17 of the Rules of 1954 as also after considering para 5
to 17 of this petition and the judgments on the issue passed by this Court in the case(s) of Suraj Bhan vs. Director, Consolidation, Uttar Pradesh, 2006 LawSuit(All) 971 and Runnup Gramodyog Evam Sewa Sansthan Vs. State of U.P. and ors., MANU/UP/1587/2022: 2022 155 RD 497 and Daswant Ram Vs.
Consolidation Commissioner and others, 2015 126 RD 669, on being confronted, learned counsel for the petitioners says that he would not press this petition so far it relate to relief No. (1) and a direction be issued to the Authority concerned to consider and decide the representation of the petitioners. In view of above, this petition is dismissed as not pressed so far as it relate to relief No. (1) prayed for in this petition. As regards relief No. (2) prayed for in this petition, the petition is disposed of with a direction to the Authority concerned to consider and decide the representation of the petitioner in the light of law on the subject including Rule 17 of the Rules of 1954, expeditiously. Order Date :- 9.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench