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2025 DAILYLAW 159882 (ALL)

SUNITA DEVI AND OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION, BAHRAICH AND OTHERS

WRIB/805/2025 · 2025-08-28

Alok Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 805 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioners as well as learned Standing Counsel for respondent no.1. 2. In view of the order proposed to be passed, notice to private respondents, is dispensed with. 3. The petitioners have challenged the order of Deputy Director of Consolidation dated 24.5.2025 in Case No. 0051/2020, Computerized Revision No. 13/2020530815000051 (Meena Devi Vs. Munnu Ram). He submits that Meena Devi was necessary party in the proceedings and accordingly the matter was remanded back to the Settlement Officer, Consolidation directed to pass afresh order after examining of the record and making physical inspection of the disputed property after hearing Meena Devi. The said order was passed taken into consideration that Meena Devi was not afforded opportunity of hearing before the Settlement Officer, Consolidation and that Meena Devi had purchased the property from Satish Kumar through registered sale deed. The present proceeding was initiated for correction preferred by the petitioners of the property on which Meena Devi also claims her rights. 4. Accordingly, this Court is of the considered view that as per record Meena Devi was necessary party and she has right of hearing in the application preferred by the petitioners and accordingly Deputy Director of Consolidation has noticed that in the appeal proceeding was not heard Versus Counsel for Petitioner(s) : Gyanendra Pathak Counsel for Respondent(s) : C.S.C., Pankaj Gupta Sunita Devi And Others .....Petitioner(s) Deputy Director Of Consolidation, Bahraich And Others .....Respondent(s) rightly and set aside the order dated 31.7.2015, passed by Settlement Officer, Consolidation and remanded the matter back for consideration afresh. 5. In view of the aforesaid, I do not find infirmity in the impugned order and the writ petition bereft on merit and the same is hereby dismissed. Let appeal be decided by the Settlement Officer, Consolidation with expedition. The petitioner undertakes to cooperate in the aforesaid proceedings and liberty is also granted to the Settlement Officer, Consolidation that in case such application is filed, the same shall be considered and decided expeditiously, after giving full opportunity of hearing to the opposite parties. August 28, 2025 Muk WRIB No. 805 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench