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2025 DAILYLAW 187111 (ALL)

MAHENDRA KUMAR AND ANOTHER v. DEPUTY DIRECTOR OF CONSOLIDATION, PRATAPGARH AND OTHERS

WRIB/1208/2025 · 2025-12-19

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1208 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Girish Kumar,Advocate holding brief of Shri Jai Pal Singh, learned counsel for the petitioners as well as learned Standing Counsel for respondents no. 1 to 3 and Shri Vijay Bahadur Verma, who has filed his Vakalatnama on behalf of the respondents no. 14, 19 and 18, which is taken on record. 2. In light of the order proposed to be passed, notice to other private respondents, is dispensed with. 3. It has been submitted by learned counsel for the petitioners that the dispute in the present case pertains to Khata Nos. 19 and 117, situated at village Bhaddiv, Pargana Manikpur, Tehsil Kunda, District Pratapgarh. It is submitted that the dispute in the present case pertains to co-tenancy and right of a person who is entitled to inherit the property of common ancestor namely Achal. In this the objections were filed by the opposite parties under Section 9A(2) of Consolidation of Holding Act before the Assistant Consolidation Officer, Kunda, Pratapgarh. 4. The Assistant Consolidation Officer had framed issues and decided two issues by means of order dated 27.10.1978. Against the order dated 27.10.1978 the petitioners had filed a belated appeal before the Settlement Officer, Consolidation on 23.8.1990 after a delay of 11 years, which was dismissed by means of order dated 21.02.2011 on the ground of limitation, even a revision preferred by the petitioners has been rejected Versus Counsel for Petitioner(s) : Jai Pal Singh Counsel for Respondent(s) : C.S.C., Aditya Kumar Pandey Mahendra Kumar And Another .....Petitioner(s) Deputy Director Of Consolidation, Pratapgarh And Others .....Respondent(s) by the Deputy Director of Consolidation on 18.9.2025 and accordingly both the orders, namely, appellate order as well as the revisional order have been assailed before this Court. 5. The consensus at the bar of the present case that the main dispute is still pending at the stage of Consolidation Officer since 1976 and it is due to the pendency of the proceedings that the matter has not been decided. There is also not dispute that in case the matter all the objections which are under consideration by the Consolidation Officer are decided that any person who is aggrieved would be at liberty to challenge all the orders passed in the said proceedings, at various stages. 4. Accordingly, without entering into the merits of the controversy and with the consent of the parties, the petition is disposed of with a direction to the Consolidation Officer, Kunda, District Pratapgarh, who is opposite party no.3, to decide all the objections pending before him in the present case, expeditiously, say within a period of six months from the date a certified copy of this order is produced before him. The parties present before this Court have undertaken that they cooperate in the proceedings and shall not take unnecessary adjournments. 5. With the aforesaid directions, the petition stands disposed of. December 19, 2025 Muk WRIB No. 1208 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench