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2025 DAILYLAW 156562 (ALL)

PARASHU RAM AND OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION, BAHRAICH AND ANOTHER

WRIB/775/2025 · 2025-08-20

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48627 Court No. - 5 Case :- WRIT - B No. - 775 of 2025 Petitioner :- Parashu Ram And Others Respondent :- Deputy Director Of Consolidation, Bahraich And Another Counsel for Petitioner :- Naveen Chandra Upadhyay Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard Sri Naveen Chandra Upadhyay, learned counsel for petitioner as well as learned Standing Counsel for the State- respondent No. 1 and Sri Pankaj Gupta, learned counsel for respondent No. 2. 2. It has been submitted by learned counsel for petitioners that the petitioners are in possession of land situated at Gata No. 38 area 0.125 hectare(new Gata No. 74) situated at Village - Kusaur, Prgana, Tehsil & District - Bahraich. 3. It has been submitted that during the consolidation proceedings in C.H. Form-2-A it was recorded as an abadi land but subsequently at the stage of preparation of Form - 41, the same was recorded as Khalihan and over the said land petitioners have constructed a house for the last 40 years. It is in the aforesaid circumstances, the petitioners had moved an application for referring the dispute for making appropriate corrections in the revenue records from deleting the description of land as Khalihan and recording it as an abadi. 4. Considering the said reference, in exercise of revisional powers the Dy. Director of Consolidation by means of order dated 26.06.2025 has rejected the contention of the petitioners. It has been stated that in the revenue records previously also the disputed land was registered as Khalihan and on the culmination of the consolidation proceedings the land was recorded as Khalihan. 5. The petitioner could not demonstrate as to whether any patta or lease was executed in their favour by the gaon sabha and accordingly on the face of it the occupation om the gata No. 38 which is recorded as a Khalihan is without any force of law. No provision or any law could be shown by the petitioners which may enable this Court to pass an order in their favour or which could justify their possession over the disputed land. 6. Apart from the above, learned Standing Counsel has also raised a preliminary objection that the reference was made after issuance of the notification under Section 52 on 31.03.2005 and therefore in the aforesaid circumstances even the reference was without jurisdiction, while the reference in the present case has been made in the present case in 2023 much after conclusion of the consolidation proceedings. Counsel for petitioners could not dispute the said facts 7. It is for all the aforesaid reasons, this Court does not find any ground for interference in the present case which is devoid of merits and is accordingly present writ petition is dismissed. (Alok Mathur, J.) Order Date :- 20.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench