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2025 DAILYLAW 134030 (ALL)

RAM SAGAR AND 3 OTHERS v. SETTLEMENT OFFICER, CONSOLIDATION, BARABANKI AND OTHERS

WRIB/348/2025 · 2025-04-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22536 Court No. - 7 Case :- WRIT - B No. - 348 of 2025 Petitioner :- Ram Sagar And 3 Others Respondent :- Settlement Officer, Consolidation, Barabanki And Others Counsel for Petitioner :- Ajai Kumar Srivastava,Dinesh Kumar Srivastava,Rajesh Kumar Lodhi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:- "(iii) Issue a writ, order or direction in the nature of Certiorari and to quash and set aside order dated 11.3.2025 has passed by the Settlement officer Consolidation District- Barabanki contained as contained as Annexure No. 1. (iv) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to not disturb and disposes the petitioners from land in question and not to sale the disputed land. (V) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to decide the entries made in Khatauni fasli year 1366-68 by order dated 23.11.1961 on merits. Any other order or direction which this Hon'ble court may deem fit and proper in the interest of justice." By means of the present petition the petitioner has challenged the order dated 11.03.2025, whereby the Settlement Officer of Consolidation, District Barabanki, rejected the appeal registered as Appeal No.0034/2016, Computerized Case No. 201654041200000034 (Ram Sagar and Others Versus Khushi Ram and Others) under Section 11(1) of U.P. Consolidation of Holdings Act, 1953 (in short 'Act of 1953'), wherein the present petitioners has challenged the order dated 23.11.1961 passed by the concerned Authority under Section 9A(2) of the Act of 1953, after about elapsed of 55 years, that too after completion of two consolidation proceedings in the village in issue i.e. Village Harori, Pargana Deva, Tehsil Nawabganj, District Barabanki. Upon due consideration of aforesaid as also the availability of statutory remedy of filing revision in terms of Section 48 of the Act, of 1953, this Court is not inclined to entertain the present petition, it is accordingly dismissed, with liberty to petitioners to avail the remedy available. Order Date :- 22.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench