Neutral Citation No. - 2025:AHC-LKO:43540 Court No. - 6 Case :- WRIT - B No. - 692 of 2025 Petitioner :- Bansh Raj And 2 Others Respondent :- State Of U.P. Thru. Revenue Secy. Lko. And Others Counsel for Petitioner :- Ashish Raman Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Ashish Raman Mishra, learned counsel for petitioner as well as learned Standing Counsel for the State respondent Nos. 1 to 3. 2. In light of the proposed order, notices to private respondents are dispensed with. 3. It has been submitted by learned counsel for petitioners that present dispute relates to Gata No. 890/area -0.190 hect., Gata No. 893/area - 0.277 hect., Gata No. 894/area - 0.190 hect. & Gata No. 895/area - 0.117 hect. sitauted in Village - Kharch Viram Pargana & Tehsil - Ekauna, District - Shrawasti. 4. He further submits that a notification U/S 4 of the U.P. Consolidation of Holdings Act was issued wherein the aforesaid land was excluded as it was found that a bar exists over the said land and in this regard an objection was filed by respondent No. 4 which was allowed by the Consolidation Officer and the aforesaid land was included in the consolidation operation by order dated 11.05.2023. 5. Against the order dated 11.05.2023, the petitioners had filed an appeal before the Settlement Officer Consolidation and their appeal has been allowed by order dated 09.10.2023. It has further been submitted that against the order dated 09.10.2023, a revision was filed before the Dy. Director of Consolidation and the same was dismissed on 10.07.2024. It is noticed that the Settlement Officer Consolidation while allowing the appeal of the petitioners had remanded the matter back to the Consolidation Officer for determination afresh after giving opportunity of hearing to all the parties. 6. It has further been stated that remand proceedings are pending but it is during the pendency of the said proceedings in exercise of powers under Rule 109 of the U.P. C.H. Rules, the authorities have not taken note of the appellate order dated 09.10.2023 but are relying upon the order of the consolidation Officer and private respondents are proceeding to further alienate the said land. 7. Aggrieved by the aforesaid, the petitioners had approached this Court by filing a writ petition being Writ B No. 197 of 2025 which was withdrawn and liberty was given to the petitioners to raise their grievances before appropriate authority and it was further directed that in case such an application is moved, the appropriate authority shall take note of the same. 8. It has been submitted that despite production of the aforesaid order, no interference has been made by the Consolidation Officer and it is for the aforesaid circumstances present writ petition has been filed. 9. Learned Standing Counsel on the other hand has raised a preliminary objection that for the same cause of action, second writ petition would not be maintainable. 10. Learned counsel for petitioners at this stage submits that previous writ petition was not decided on merits but it was withdrawn with liberty to the petitioners to raise their grievance before appropriate authority and despite filing of an appropriate application for restraining respondents from alienating the property they are still proceeding to alienate the property and hence it has caused irreparable loss and damages to the petitioners and therefore in the aforesaid circumstances, present writ petition has been filed. 11. Accordingly with the consent of the parties and also noticing that petitioners had also approached this Court as well as filed an appropriate application before the Consolidation Officer, no useful purpose will be served keeping the present writ petition pending and this Court had already directed the petitioner to approach appropriate authority, accordingly, appropriate authority is directed to consider and decide the application of the petitioners dated 19.03.2025 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. 12. In view of the above, the writ petition stands disposed of. (Alok Mathur, J.) Order Date :- 29.7.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench