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2025 DAILYLAW 149590 (ALL)

DURGA PRASAD AND ANOTHER v. COMMISSIONER OF CONSOLIDATION U.P. LKO. AND 2 OTHERS

WRIB/622/2025 · 2025-07-07

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38217 Court No. - 6 Case :- WRIT - B No. - 622 of 2025 Petitioner :- Durga Prasad And Another Respondent :- Commissioner Of Consolidation U.P. Lko. And 2 Others Counsel for Petitioner :- Shiv Ram Tewari,Mukesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Shri Shiv Ram Tewari, learned counsel for the petitioners and learned Standing Counsel on behalf of the respondents no.1 to 4. 2. Learned counsel for the petitioners orally submits that he may be permitted to impead Assistant Consolidation Officer, Ikauna, Shrawasti in the array of parties during the course of the day. 3. Prayer is granted. 4. Learned counsel for the petitioners is permitted to implead Assistant Consolidation Officer, Ikauna, Shrawasti as respondent no.4 in the array of parties during the course of the day. 5. By means of the present petition, the petitioners have sought a direction to the State respondents to execute the order dated 11.01.2024 passed by the District Magistrate, Shrawasti / Deputy Director of Consolidation, District - Shrawasti and also directing to measure and provide possession of the Chak No.2239 to the petitioners. 6. Learned Standing Counsel submits that the petitioners have efficacious remedy by moving appropriate application under Section 28 of the Consolidation of Holdings Act before concerned authority, who has adequate powers to execute all the orders of the consolidation authorities. 7. Learned counsel for the petitioners does not dispute the aforesaid fact and submits that he may be granted liberty to move appropriate application for execution of delivery of possession in pursuance of the order dated 11.01.2024. 8. Accordingly, the petition is disposed of by giving liberty to the petitioners to move an appropriate application under Section 28 of the Consolidation of Holdings Act and the Assistant Consolidation Officer, Ikauna, Shrawasti, respondent no.4, on receipt of the said application, shall proceed with expedition in accordance with law. [Alok Mathur,J.] Order Date :- 7.7.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench