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2025 DAILYLAW 165642 (ALL)

SARVESH KUMAR v. STATE OF U.P. PRIN. SECY. HOME, LKO. AND OTHERS

/921/2025 · 2025-09-23

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 921 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Abhinandan Kumar Pandey, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 5. Vakalatnama filed by Sri Ram Ji Trivedi, Advocate on behalf of respondent nos. 6 and 9 is taken on record. 2. In the light of proposed order notice to private respondents, except to respondent nos. 6 and 9, is dispensed with. 3. It has been submitted by learned counsel for the petitioner that the dispute in the present case relates to the property recorded as Khata No. 89 having Gata Nos. 66/0.190, 70/1.175, 79/0.519, 88/0.455, on which one Ramesh, brother of petitioner was recorded tenure holder. The petitioner after death of his brother claimed succession to the said property while during consolidation operations, respondent no. 6 had filed objections claiming rights to the said land and the application moved by respondent no. 6 was allowed. The petitioner preferred an appeal under Section 11(1) of the Consolidation of Holdings Act before the Settlement Officer (Consolidation), Unnao. 4. It is submitted by learned counsel for the petitioner that post of Settlement Officer (Consolidation) is vacant, due to which the matter cannot be heard and even the application for interim relief preferred by the petitioner is pending and accordingly, has filed present writ petition challenging the order dated 28.08.2025 passed by the Consolidation Versus Counsel for Petitioner(s) : Abhinandan Kumar Pandey, Vimlesh Tiwari Counsel for Respondent(s) : C.S.C. Sarvesh Kumar .....Petitioner(s) State Of U.P. Prin. Secy. Home, Lko. And Others .....Respondent(s) Officer, Bangarmau, Unnao and has also sought interim relief to direct the respondents not to alienate the disputed property. 5. Learned Standing Counsel on the basis of telephonic instructions has informed this Court that charge of Settlement Officer (Consolidation) has been given to the Sub Divisional Magistrate and he is hearing the appeals which are pending before the Settlement Officer (Consolidation). 6. In the light of above, this court finds that the Sub Divisional Magistrate is discharging duty of Settlement Officer (Consolidation), it is provided that application for interim relief may be considered by the I/C Settlement Officer (Consolidation) (Sub Divisional Magistrate concerned) with expedition, say within three weeks from the date of production of certified copy of this order, in accordance with law. 7. Parties have undertaken to cooperate in the proceedings before the I/C Settlement Officer (Consolidation), with regard to disposal of interim relief application. 8. With above directions the writ petition stands disposed of. September 23, 2025 A. Verma WRIB No. 921 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench