RAJ KUMAR SONI v. DEPUTY DIRECTOR OF CONSOLIDATION, AYODHYA AND OTHERS
WRIB/1130/2023 · 2025-11-03
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185950 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185950 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1130 of 2023 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Suresh Chandra Tiwari, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 and 2 and Sri Pankaj Kumar Mishra, learned counsel appearing for private respondents. 2. It has been submitted by learned counsel for the petitioner that petitioner has entered into compromise with respondent nos. 3, 4 and 5 only and which compromise has also been verified by the Deputy Director of Consolidation, Ayodhya by his order dated 27.10.2025 and accordingly, prayer has been made that writ petition be disposed of in terms of compromise. 3. It is noticed that the matter had been considered and reference has been made to the Deputy Director of Consolidation by order dated 03.10.2022, where he was to consider the prayer of the petitioner for deleting names of other recorded tenure holders with regard to Gata No. 1261/1, area 1 biswa and 8 biswansi, whose new Gata No. is 1633Ka. The Deputy Director of Consolidation while considering the said reference had considered the statement made by the predecessor in interest of the petitioner namely Badrinath Mishra S/o Parasnath Mishra who had stated that Gata No. 136Ka, 133Kha and 1367 having total area of 1920 square feet have been sold to the petitioner by means of registered sale deed dated 13.03.2020. Versus Counsel for Petitioner(s) : Suresh Chandra Tiwari Counsel for Respondent(s) : C.S.C., Pankaj Kumar Mishra, Shilpi Tiwari, Ved Prakash Verma Raj Kumar Soni .....Petitioner(s) Deputy Director Of Consolidation, Ayodhya And Others .....Respondent(s)
4. It seems that compromise has been entered by the petitioner only with respondent nos. 3, 4 and 5 only and not with remaining respondents who are nearly 14 in number. 5. This Court after considering the prayer made by the petitioner is of the considered view that in case the compromise had been entered into between all the parties in the present writ petition, there may not have been any difficulty, but the compromise has been entered into only with three of the respondents and accordingly, it cannot be said that the matter has been compromised between the parties to the present writ petition. 6.
It is for the aforesaid reason and with the consent of the parties, this Court deem it proper to remand the present controversy to the Deputy Director of Consolidation, before whom the petitioner is granted liberty to file the compromise. The Deputy Director of Consolidation apart from verifying the compromise, shall categorically reiterate the finding that entire dispute stands resolved by the said compromise and if he is satisfied that the dispute can be compromised only with three respondents, he shall proceed to pass necessary orders in terms of the compromise. 7. In case Deputy Director of Consolidation is of the opinion that the controversy does not stand settled by the said compromise which has been entered into between the petitioner and respondent nos. 3, 4 and 5, he shall proceed to decide the matter after hearing all the parties. 8. In the light of above the order of Deputy Director of Consolidation is set aside. Present order has been passed only in the light of prayer made by the petitioner for deciding the controversy in terms of the compromise dated 12.08.2025, which has been placed before this Court. 9. The writ petition is allowed. Order dated 18.08.2023, passed by the Deputy Director of Consolidation, Ayodhya is set aside. The matter is remanded to the Deputy Director of Consolidation, Ayodhya, to be decided in terms of the compromise and fresh orders be passed expeditiously, if possible within three months from the date of production of certified copy of this order, in accordance with law, after giving opportunity of hearing to all the parties. WRIB No. 1130 of 2023 2
10. The parties undertake to cooperate in the proceedings before the Deputy Director of Consolidation. November 3, 2025 A. Verma WRIB No. 1130 of 2023 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench