Neutral Citation No. - 2025:AHC-LKO:43223 Court No. - 6 Case :- WRIT - B No. - 690 of 2025 Petitioner :- Sonu @ Amresh Kumar Kumar Respondent :- Deputy Director Of Consolidation Shrawasti And 4 Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard Shri Ram Prasad Dwivedi, learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no. 1, 2,3 and 5 and Shri Pankaj Gupta, learned counsel for respondent no.4. 2. By means of present petition, the petitioner has challenged the impugned order dated 21.04.2025 passed by the Deputy Director of Consolidation, Shrawasti, who has rejected the revision of the petitioner and upheld the order of the Settlement Officer, Consolidation dated 08.01.2025. The petitioner has also challenged the order dated 08.01.2025, wherein application for recall dated 1.4.2021 has been rejected. 3. It has been submitted by learned counsel for the petitioner that the dispute in the present case pertains to Gata No. 899 situated at village Newariya, Pargana Bahraich, Tehsil Jamunaha, District Shrawasti, which according to the petitioner is, his ancestral land and is recorded in the name of his grand- father. The proceeding was pending before the Settlement Officer, Consolidation, and the matter was listed on 1.4.2021, on which date, learned counsel for the petitioner could not appear and consequently his case was dismissed for want of prosecution. Accordingly, the petitioner was present in Court when the case was called and he has gone to call his counsel, but in the meanwhile, the order dated 1.4.2021 was passed dismissing the case for want of prosecution. 4. It has been submitted that his application for recall was passed on the same day itself, which remained pending for four years and was rejected on 8.1.2025, while rejecting the application for recall, the Settlement Officer, Consolidation has recorded that in the meanwhile, notification under Section 52 of U.P. Consolidation of Holdings Act has been issued and the entire consolidation process has come to an end and all the persons have given possession of various plots and at this stage, it could not be equitable to recall the application, therefore rejected the application for recall. The order of the Settlement Officer, Consolidation dated 8.1.2025 was upheld by the order of Deputy Director of Consolidation, Shrawasti, on 21.4.2025. Both the said orders have been challenged in the present petition. 5. From the facts of record, it is clear that the case was listed on 1.4.2021, when the appeal was dismissed for want of prosecution. 6. I find sufficient and cogent reason have been stated by the petitioner and also that the application for recall of the order dated 1.4.2021 was filed on the same day itself. I seen no reason as to why after four years the application for recall was rejected when the application was moved on the same day itself. It clearly indicates that non appearance on the said date by the counsel for the petitioner was not intentional and further considering the valuable rights of the petitioner were involved there was no adequate reason for rejecting the application for recall. 7. Merely because consolidation proceedings have concluded would not be a reason itself to reject the application for recall, in as much a, once the proceedings have been commenced then there is no legal embargo for the pending proceedings to continue even if, notification under Section 52 of U.P. Consolidation of Holdings Act, has been issued. 8. Accordingly, for the aforesaid reasons, I find that orders dated 21.04.2025 and 08.01.2025 passed by the Deputy Director of Consolidation, Shrawasti and Settlement Officer, Consolidation, are arbitrary and required for interference. Accordingly, the instant petition is allowed and the orders dated 21.04.2025 and 08.01.2025 are set aside. 9. The matter is remanding back to the Settlement Officer, Consolidation to hear and pass appropriate orders on the appeal of the petitioner. The petitioner undertakes to cooperate the Settlement Officer, Consolidation, who is directed to consider and decide the matter within three months, from the date a certified copy of this order is produced before it, after providing full opportunity of hearing to all the concerned parties. (Alok Mathur, J.) Order Date :- 28.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench