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2025 DAILYLAW 181409 (ALL)

JHINGURI v. DEPUTY DIRECTOR OF CONSOLIDATION BARABANKI AND 4 OTHERS

WRIB/219/2025 · 2025-12-11

Alok Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 219 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Indrajeet, Advocate on behalf of the petitioner as well as Standing counsel on behalf of State- respondent No.s 1, 2 and 3. 2. This Court after hearing the parties at some length, has passed following orders on 21.11.2025: "Heard Sri Indrajeet, Advocate on behalf of the petitioner as well as Standing counsel on behalf of State- respondent No.s 1, 2 and 3. The grievance raised in the present writ petition is with regard to order dated 5.5.2016 passed by Settlement Officer of Consolidation as well as order dated 20.11.2019 passed by Deputy Director of Consolidation. An appeal was filed by private respondents which was allowed by Settlement Officer of Consolidation and the matter was remanded back to Consolidation Officer to decide the matter afresh after taking into account the evidence adduced by the parties. Aggrieved by the said order the petitioner had filed a revision which was rejected by means of order dated 20.12.2019 and the revisional court did not find any infirmity in the order of Settlement of Officer and remanded the matter back to be adjudicated by the Consolidation Officer. It has been submitted on behalf of the petitioner that in the meanwhile the paper book of the trial court had been misplaced and in this regard the Settlement Office of Consolidation had directed the said file to be re- constituted and the matter to be decided afresh. It is stated that despite expiry of more than nine years the remand proceedings have not commenced before the Consolidation Officer and, in fact, he wants to expedite the proceedings before the Consolidation Officer. Versus Counsel for Petitioner(s) : Indrajeet, Amit Kumar Srivastava Counsel for Respondent(s) : C.S.C. Jhinguri .....Petitioner(s) Deputy Director Of Consolidation Barabanki And 4 Others .....Respondent(s) Learned Standing counsel prays for and is granted ten days' time to seek instructions and inform this Court as to whether the record of the trial court has been re-constituted or not and in case the same has been reconstituted what is the progress thereof. List on 11.12.2025 in top ten cases. " 3. Learned Standing Counsel has received the instructions from Consolidation Officer, Sadar- First, Barabanki from where it has been pointed out that the matter stood restored to the Consolidation Officer and the proceedings are underway. 4. It has further been submitted that the said application had been dismissed for want of prosecution to which the petitioner has moved an application for recall which had been allowed on 13.01.2025 and the next date fixed was 11.12.2025 (today).. 5. From the aforesaid, it seems that the file is very much available and even the petitioner is pursuing his remedy before the Consolidation Officer inasmuch as his recall application has been allowed. 6. In light of the above, no further directions are required. Accordingly, the writ petition stands dismissed. 7. It is expected that Consolidation Officer shall proceed and decide the matter expeditiously in accordance with law. 8. Instructions filed today is taken on record. December 11, 2025 Ravi/ WRIB No. 219 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench