Neutral Citation No. - 2025:AHC-LKO:46609 Court No. - 5 Case :- WRIT - B No. - 747 of 2025 Petitioner :- Raj Kumar Respondent :- The Consolidation Officer Under Rule-109 A, Sadar, Barabanki And Others Counsel for Petitioner :- Vimal Kishor Singh,Wazhul Qamar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Vimal Kishor Singh, learned counsel for petitioner as well as learned Standing Counsel for the State. 2. In light of the proposed order, notices to private respondents are dispensed with. 3. The present writ petition has been filed with the following relief:- "i. Issue a writ, order or direction in the nature of certiorari quashing the proceedings in Case No. 417/2025, under Rule- 109 A of U.P. C.H. Rules, pending before opposite party No. 1 since 07/07/2025, initiated by opposite party No. 02 and 03 on the basis of the order dated 26.06.2025, passed under Section 9A(2) of U.P. C.H. Act in Case NO. 15/2023 and 09/2025, during the pendency of the appeal. ii. Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party no. 1 to not proceed the Case No. 417/2025, under Rule - 109 A of U.P.C.H. Rules, pending before him since 07/07/2025, initiated by the opposite party No. 02 and 03 on the basis of the order dated 26.06.2025, passed under Action 9A(2) of U.P. C.H. Act, in Case No. 15/2023 and 09/2025, during the pendency of the appeal." 4. It has been submitted by learned counsel for petitioner that a suit was filed U/S 9(A)2 of the U.P. Consolidation of Holdings Act by one Mata Prasad who died during pendency of the suit and was substituted by respondent Nos. 2 & 3 and the said suit proceeding were decided by order dated 26.06.2025. The suit was allowed against the petitioner against which petitioner has filed an appeal U/S 11 of C.H. Act before the Settlement Officer Consolidation which is pending consideration. 5. The grievance raised in the present case is that on the basis of order dated 26.06.2025 passed by Consolidation Officer, the respondents are proceeding to implement the said order in proceedings U/S 109(A) of the C.H. Act. 6. Learned counsel for petitioner submits that in light of the pendency of the appeal, proceedings U/S 109(A) of the C.H. Act deserves to be stayed and despite an application given to the Consolidation Officer in this regard no order has been passed. 7. Learned Standing Counsel on the other hand has raised a preliminary objection stating that petitioner has equally efficacious remedy of moving an application in the pending appeal before the Settlement Officer Consolidation who can consider the grievance raised by the petitioner and pass appropriate orders. 8. Learned counsel for petitioner does not dispute the aforesaid submissions and submits that he will move an application within next three weeks. 9. In light of the above, the writ petition is dismissed as not pressed. It is provided that in case any application is moved before the Settlement Officer Consolidation in the appeal preferred by the petitioner, the same shall be considered and decided with expedition in accordance with law. (Alok Mathur, J.) Order Date :- 11.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench