Neutral Citation No. - 2025:AHC-LKO:39189 Court No. - 6 Case :- WRIT - B No. - 628 of 2025 Petitioner :- Samun Khan Respondent :- Deputy Director Of Consolidation,District Sitapur And 4 Others Counsel for Petitioner :- Sanjai Kumar Singh,Nilay Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard Sri Sanjai Kumar Singh, learned counsel for petitioner as well as learned Standing Counsel for the State-respondent Nos. 1 & 5. 2. In light of the proposed order, notices to private respondents are dispensed with. 3. By means of present writ petition, the petitioner has challenged the order dated 24.12.2009 passed by Dy. Director of Consolidation, Sitapur. 4. It has been submitted that the dispute in the present case pertains to Gata No. 961 area 0.1620 hectare situated at Village Surjipara, Post and Pargana Hargaon, Tehsil and District - Sitapur which is recorded in the name of junior high school and accordingly the land is a public utility land and belongs to gaon sabha. 5. He has further submitted that adjacent plot of Gata No. 963 is recorded in the name of private respondent and had been purchased by respondent No. 3 from respondent No. 2 and the name of respondent No. 3 had been duly mutated in the revenue records. He further submits that during consolidation proceedings, objections were filed by respondent No. 2 and in the said proceedings culminating in the impugned order the chak of gaon sabha in the name of junior high school has been shifted and respondent No. 3 has been granted a chak of the road shifting the land of the junior high school. 6. He submits that despite the fact that an adverse order has been passed against the gaon sabha, no writ petition was filed by the gaon sabha before the High Court and accordingly the petitioner being a villager had no other option but to assail order of Dy. Director of Consolidation before this Court. 7. It is in the aforesaid circumstances that the petitioner has approached this Court assailing the order of authorities dated 24.12.2009 whereby the land of gram sabha has been exchanged with the land of respondent No. 3. 8. Learned counsel for petitioner further submits that till date no construction has been made and accordingly prays for interference of this Court with the order of Dy. Director of Consolidation. 9. Learned Standing Counsel on the other hand has opposed the writ petition but has not disputed the aforesaid facts. Apart from which, he has further submitted that the writ petition at the behest of private individual would not be maintainable. He submits that petitioner is a villager and in any view of the matter could not have been a party in the proceedings before the Dy. Director of Consolidation or any of the revenue authorities having no lis or locus in the entire dispute. Accordingly, prayed for dismissal of the writ petition. 10. After hearing rival contention, it is noticed that undoubtedly an order has been passed in favour of respondent No. 2 but the land recorded in the name of junior high school which is owned and possessed by the gaon sabha has been shifted at the behest an application made by respondent No. 3. 11. Respondent No. 3 has been given a better plot on the main road while the rights of the junior high school has been compromised by shifting at backwards. The parties, if any, who could have been aggrieved by the said order was the gaon sabha but the gaon sabha has chosen to keep quiet and not to agitate the matter any further. 12. It is in the aforesaid circumstances, present writ petition has been filed without going into the question regarding maintainability of the writ petition. The facts as brought out clearly indicate that the gaon sabha itself was the aggrieved and should have taken appropriate steps to assail the orders of the revenue authorities and against the inaction of the gaon sabha a writ petition would certainly be maintainable. 13. Accordingly, this Court directs District Magistrate, Sitapur to consider the entire matter and pass appropriate orders with regard to dispute as brought before this Court in the present writ petition. In case he is of the view that rights of the gaon sabha have been adversely affected he shall pass suitable orders directing appropriate authority to take such measures including legal measures to obviate and nullify the orders passed by the revenue authorities. 14. Let thesaid exercise be taken expeditiously, say, within a period of four weeks from the date a certified copy of this order is produced before him in accordance with law. 15. With the aforesaid observations / directions, the writ petition stands disposed of. (Alok Mathur, J.) Order Date :- 10.7.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench