HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 944 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Jaganniwas Mishra, learned counsel for petitioner as well as Sri Mohan Singh, learned counsel for State and Gaon Sabha and Sri Prabhat Kumar, learned counsel for respondent No. 5. 2. It has been submitted by learned counsel for petitioner that petitioner is the co-sharer of his original holding of Gata No. 63 and 61 (new No. 98, 95 and 96) situated at Village - Saraiya, Sawangee, Pargana, Tehsil & District - Amethi prior to the consolidation operation and after the consolidation operations and conclusion of first chakbandi, the petitioner was allotted Gata No. 63 and 61. After conclusion of the consolidation operations, it has been discovered that in Gata No. 62 as well as Gata No. 63m certain portion which was recorded as a Talab has been allotted to the petitioner and accordingly on the basis of revenue report land which was recorded as a Talab has been taken away from the petitioner and instead petitioner has been given land at Gata No. 10m. 3. The petitioner in the aforesaid circumstances had moved an application that he should be granted land in his original holding either at Gata No. 93, 95 or 99. The said contention was duly considered by Dy. Director of Consolidation and he has recorded the fact that Gata No. 93 is now recorded as Khad Gaddha, Gata No. 95 recorded as Harijan Abadi and Gata No. 99 was recorded as navin Parti and consequently the prayer of the petitioner cannot be acceded to and proceeded to reject the application Versus Counsel for Petitioner(s) : Jaganniwas Mishra Counsel for Respondent(s) : C.S.C., Mohan Singh, Piyush Pathak, Prabhat Kumar, Virendra Singh Yadav Ram Narayan .....Petitioner(s) Deputy Director Of Consolidation, Amethi And 4 Others .....Respondent(s) of the petitioner. 4. Learned counsel for petitioner has submitted that in the entire proceedings, it is noticed that it is fault of the revenue authorities as well as consolidation authorities which resulted in allotment of Talab land to the petitioner and subsequently when the land is sought to be excluded from the holding of the petitioner the petitioner is being granted a chak far away place despite that land in the original holding still available. 5. Learned Standing Counsel on the other hand has opposed the writ petition but he has not disputed the aforesaid facts. 6. Considering the aforesaid facts and circumstances specially that the petitioner has been deprived of his land only on account of negligence of the consolidation and revenue authorities inasmuch as the land which forms part of the Talab was allotted to the petitioner during the consolidation operations. The petitioner does not dispute the fact that he could not have been allotted the pond land and also does not oppose the deprivation of the pond land from his holding but his only contention is that the land in lieu of the Talab land should be given in his original holding. 7. It is noticed that it is only during consolidation operations that the original holding of the petitioner has now been described as Khad Gadha, Harijan Abadi and Navin Parti. Accordingly, this Court finds cogent reasons to interfere in the impugned order. 8. Considering the fact that the respondents have not given any cogent reason for rejecting the claim of the petitioner, the impugned order dated 29.08.2025 passed by respondent No. 1 is set aside. The matter is remitted to the Dy. Director of Consolidation to pass fresh orders on the application of the petitioner in accordance with law. 9. Let the Dy. Director of Consolidation consider the claim of the petitioner and in case any land which was part of the original holdings can be reverted to the petitioner and the same should be considered and appropriate orders should be passed. Let the fresh exercise should be done within two months from today subject to cooperation of the petitioner in WRIB No. 944 of 2025 2 the said proceedings. 10. In light of the above observations / directions, the writ petition stands allowed. November 17, 2025 Ravi/ WRIB No. 944 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench