HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 4207 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Sri Rajesh Yadav, learned counsel for the petitioners and the learned standing counsel for the state-respondents. 2. The instant writ petition has been filed for the following reliefs:- "a) Issue a writ, order or direction in the nature of writ of mandamus directing and commanding the Settlement Officer Consolidation, Ghazipur to decide the stay application of the petitioners in Appeal No.1004 of 2025, under section 11(1) of U.P. C.H. Act (Sudhir Kumar Singh and others Vs. Parashuram and others) within stipulated period. b) Issue a writ order or direction in the nature of writ of mandamus directing and commanding the Consolidation officer, Sadar, Ghazipur not to proceed in case no. 1147/2023 (Parashuram and others Vs. State of U.P.) Under Rule 109A of U.P. C.H. Rules till the decision of stay application." 3. Counsel for the petitioners states that appeal under Section 11(1) of the U.P. C.H. Act along with an application for condonation of delay as well as stay application is pending before the Settlement Officer of Consolidation. He submitted that the court concerned under Rule 109-A of the U.P. C.H. Rules is proceeding in pursuance of the illegal order passed by the Consolidation Officer, as such, necessary direction be issued for the expeditious disposal of the appeal as well as stay application and till the disposal of the stay application, the Versus Counsel for Petitioner(s) : Mukul Yadav, Rajesh Yadav Counsel for Respondent(s) : C.S.C. Sudhir Kumar Singh And 34 Others .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) interim protection be granted in favour of the petitioners so that proceeding under Rule 109-A of the U.P. C.H. Rules may not proceed against the petitioners. 4. I have considered the arguments advanced by learned counsel for the petitioners and perused the records. 5. There is no dispute about the fact that time-barred title appeal along with stay application is pending before the Settlement Officer of Consolidation. There is also no dispute about the fact that the proceeding under Rule 109-A of the U.P. C.H. Rules is pending before the Consolidation Officer in pursuance of the order passed by the Consolidation Officer under Section 9-A(2) of the U.P. C.H. Act. 6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2/Settlement Officer of Consolidation, Ghazipur, District Ghazipur to decide the delay condonation matter first in the aforementioned title appeal in accordance with law, as expeditiously as possible, after affording proper opportunity of hearing to the parties concerned. After deciding the delay condonation matter, the appeal and stay application will be considered and decided in accordance with law. October 17, 2025 C.Prakash WRIB No. 4207 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad