Neutral Citation No. - 2025:AHC-LKO:23833 Court No. - 7 Case :- WRIT - C No. - 3963 of 2025 Petitioner :- Vijay Kumar And 4 Others Respondent :- State Of U.P. Thru. Dist. Magistrate Dist. Gonda And 7 Others Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar,Umesh Chandra Pandey Counsel for Respondent :- C.S.C.,Pankaj Gupta,Shubham Trivedi Hon'ble Saurabh Lavania,J. 1. Heard Shri Umesh Chandra Pandey, learned counsel for the petitioners, Shri Shailendra Kumar Singh, learned Chief Standing Counsel, who appeared along with Shri Hemant Kumar Pandey, learned State Counsel, Shri Anand Mani Tripathi, learned counsel for respondent nos.6 and 7, Shri Vikram Dutt Pandey, learned counsel holding brief of Shri Pankaj Gupta, learned counsel for Gaon Sabha-respondent no.8 and perused the material available on record. 2. The present petition has been filed impeaching the order dated 23.10.2017 passed by opposite party no.3/Up-Ziladhikari, Ist, Gonda in case instituted under Section 33/39 of U.P. Land Revenue Act, 1901 (in short 'Act 1901') registered as Case No.T0201208304314 (Vijay Kumar Vs. Gaon Sabha) as also impeaching the order dated 10.03.2025 passed by opposite party no.2 - Additional Commissioner (Administration)-Second, Devi Patan Mandal, Gonda (in short 'Revisional Authority') whereby the Revisional Authority dismissed the Revision No.00828/2017, Computerized Case no.C201708000000828, under Section 219 of Act 1901 (Vijay Kumar Vs. Smt. Shanti Devi) and affirmed the impugned order dated 23.10.2017, whereby the claim/case of the petitioners was rejected by opposite party no.3. 3. The present petition is based on the order dated 05.08.2022 passed in Case No.1544/2021, Computerized Case No.D202108300001544, (State Vs. Rajkumar) under Section 48(3) of U.P. Consolidation of Holdings Act, 1953 (in short 'Act 1953'). 4. By the aforesaid order dated 05.08.2022, the Deputy Director of Consolidation, Gonda (in short 'D.D.C.') has provided rights to the petitioners with regard to Gata No.2257 situated at Village- Gird Gonda Nagriya, Pargana, Tehsil & District- Gonda. 5. It is stated that during pendency of the Case No.T0201208304314, dismissed vide impugned order dated 23.10.2017, the proceedings were initiated in terms of Section 48(3) of the Act 1953 on the basis of report of Incharge of Record Room of Collectortate, Gonda dated 03.06.2021 and these proceedings were registered as Case No.1554 of 2021 (Sate Vs. Raj Kumar), detailed above. 6. It is further stated that Case No.1544 of 2021 (State Vs. Raj Kumar) was decided finally vide order dated 05.08.2022. 7. It is further stated that the order dated 05.08.2022, passed by D.D.C., Gonda is intact as the same has not been challenged till date. 8. It is further stated that the issue which is related to the claims of the parties would be decided on the basis of the order dated 05.08.2022 passed by D.D.C. 9. Further submission is that the order dated 05.08.2022 passed by D.D.C. inadvertently could not be placed on record before the Revisional Authority who passed the impugned order dated 10.03.2025. 10. The aforesaid fact is not in dispute that the order dated 05.08.2022 passed by D.D.C. is intact and the claim/case of the parties could be decided after taking note of order dated 05.08.2022. 11. Taking note of the aforesaid, this Court finds that justice would suffice if the matter is remanded back to the opposite party no.3- Upper Up-Ziladhikari, Pratham, Gonda. Accordingly, the orders dated 23.10.2017 and 10.03.2025 are hereby set aside. The matter is remanded back to the opposite party no.3 - Upper Up Ziladhikari, Pratham, Gonda, who shall consider and pass the order as per law within a period of three months from the date of production of certified copy of this order. 12. With the aforesaid, this petition is allowed. Cost made easy. Order Date :- 25.4.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench