Jalaluddin and another v. Deputy Director of Consolidation, Sultanpur and others
TACL/130/2024 · 2025-04-10
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143470 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143470 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20684 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 130 of 2024 Applicant :- Jalaluddin And Another Opposite Party :- Deputy Director Of Consolidation, Sultanpur And Others Counsel for Applicant :- Udai Pratap Lal Hon'ble Jaspreet Singh,J. None appears for the petitioner. The record indicates that a Coordinate Bench of this Court on 21.06.2024 had directed the matter to be listed in the second week of July, 2024. Thereafter again on 12.07.2021, it was
directed to be listed in the next week, as fresh. Today, when the matter was taken up, none had put in appearance on behalf of the petitioner, however, what this Court finds is that the petitioner has filed the instant petition under Section 24 C.P.C., however, what is interesting to note is the prayer whereby the petitioner seeks transfer of Revision No. 854 of 2024 which is pending before the Deputy Director of Consolidation under Section 48 (1) of the Uttar Pradesh Consolidation of Holdings Act, 1953. Apparently, from considering the entire material available on record, the petitioner appears to be aggrieved by the proceedings being conducted by the Deputy Director of Consolidation concerned. Since the proceedings under the Uttar Pradesh Consolidation of Holdings Act, 1953 is governed, a separate Act altogether i.e. the U.P.C.H. Act of 1953 where the provisions of the Code of Civil Procedure are not applied except in a very limited context. Accordingly, a petition under Section 24 C.P.C. is per se not maintainable and for the aforesaid reason, the petition itself is misconceived, is accordingly dismissed, however, in case if any cause arises in favour of the petitioner, he shall be at liberty of moving an appropriate application before the appropriate court in terms of the relevant provisions.
Order Date :- 10.4.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench