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2025 DAILYLAW 190971 (ALL)

HARINATH PATEL v. STATE OF U.P. AND ANOTHER

WRIB/3702/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3702 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Mr. Hari Om Singh, learned Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following reliefs: "i. issue a writ, order or direction in the nature of certiorari to quash the judgement and order dated 28.3.2024 passed by the respondent no.2 in Appeal Case No.0299 of 2022 (Computerized No.2022541470030020299) (Hari Nath vs. State), under Rule 109-A (1) of U.P. Consolidation of Holdings Rules and judgement and order dated 27.3.2025 passed by the respondent no.2 in Case No.RST/0630/2024 ( Computerized Case No. 202454147030020630 ) (Hari Nath vs. State) under Rule 109-A (1) of U.P. Consolidation of Holdings Rules 1954, i.e. (Annexure No.-1) to this writ petition." 3. Learned counsel for the petitioner submitted that application under Rule 109-A of U.P.C.H. Rules filed by the petitioner has been dismissed vide order dated 28.3.2024. He further submitted that restoration / recall application filed on behalf of the petitioner against the order dated 28.3.2024 has been dismissed under the impugned order dated 27.3.2025. He further submitted that both the impugned orders should be set aside and Consolidation Officer be directed to decide the application filed by the petitioner under Rule 109-A (1) of U.P.C.H. Rules afresh on merrit. 4. I have considered the argument advanced by learned counsel for the petitioner and perused the records. Versus Counsel for Petitioner(s) : Neeta Dubey, Shri Prakash Dwivedi Counsel for Respondent(s) : C.S.C. Harinath Patel .....Petitioner(s) State of U.P. and Another .....Respondent(s) 5. There is no dispute about the fact that application under Rule 109-A (1) of U.P.C.H. Rules has been dismissed by the Consolidation Officer and the restoration / recall application has also been rejected. 6. The order passed by the Consolidation Officer under Rule 109-A (1) of U.P.C.H. Rules is appealable under Rule 109-A (3) of U.P.C.H. Rules, as such, the instant petition against the order of Consolidation Officer cannot be entertained. 7. Considering the facts and circumstances of the case, the instant writ petition is dismissed with liberty to the petitioner to file appeal under Rule 109-A (3) of U.P.C.H. Rules in accordance with law. October 13, 2025 Rameez WRIB No. 3702 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad