SMT. BALAVANTI v. SETTLEMENT OFFICER CONSOLIDATION, AMETHI AND 2 OTHERS
A227/6501/2024 · 2025-05-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170646 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170646 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:30239 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 6501 of 2024 Petitioner :- Smt. Balavanti Respondent :- Settlement Officer Consolidation, Amethi And 2 Others Counsel for Petitioner :- Amar Nath Dubey,Sanju Kumari Counsel for Respondent :- C.S.C. with Case :- WRIT - B No. - 63 of 2024 Petitioner :- Surya Pal Patel Respondent :- The Consolidation Commissioner, Lucknow And Others Counsel for Petitioner :- Devendra Kumar Pathak,Alok Kirti Mishra Counsel for Respondent :- C.S.C.,Amar Nath Dubey,Rupa Singh,Shravan Kumar Verma Hon'ble Saurabh Lavania,J.
1. In terms of order of this Court, parties are present before this Court, who have been identified by their respective counsels. 2. With the consent of the parties, the both the petition(s) are being heard together and decided by means of this common judgment. 3. Heard. 4. In MATTERS UNDER ARTICLE 227 No. 6501 of 2024, the petitioner has sought following main relief :-
"Direct the opposite party No. 1 i.e. Settlement Officer Consolidation, Amethi to decide recall/restoration application No. 709 of 2022, Prithvi Pal and others Versus Balavanti and others pending since 1.10.2020 in leading appeal No. 940, before him within stipulated time framed, in the interest of justice, as contained in Annexure No. 1 to this writ petition."
5. In WRIT - B No. 63 of 2024, the petitioner has sought following main relief :-
"Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 26.12.2023 passed by opposite party No. 1 in Transfer Application No. 215/2023 Suryapal VS. Settlement Officer of Consolidation, Amethi & Others, Gram- Kansa Patti, Pargana & Tehsil- Patti, District- Pratapgarh (Annexed as Annexure No.1) to this writ petition."
6. The subject matter of both the petitions, indicated above, relates to transfer of case/restoration application no. 709 of 2022 (Prithvi Pal and Others Vs. Balavanti and Others). 7. Without entering into the allegations and the counter allegations levelled, with the consent of the parties, the pending restoration application no. 709 of 2022 (Prithvi Pal and Others Vs. Balavanti and Others) in appeal no. 940 is transferred to Court of Settlement Officer of Consolidation, Raebareli, from Court of Settlement Officer of Consolidation, Amethi, who shall dispose of the application, most expeditiously, say within a maximum period of two months from date of the receipt of paper-book. 8.
Settlement Officer of Consolidation, Amethi is directed to provide the entire record to Settlement Officer of Consolidation, Raebareli. 9. After decision of the aforesaid application, Settlement Officer of Consolidation, Raebareli shall transmit the record to Settlement Officer of Consolidation, Pratapagarh, as this consolidation Court is having original jurisdiction in the matter, who, after receipt of record, shall proceed in the matter, as per law. 9. Both the petitions are disposed of in terms of above. Order Date :- 21.5.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench