INDRA NARAYAN AND OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION, SULTANPUR AND OTHERS
WRIB/954/2025 · 2025-10-07
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195270 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 954 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Onkar Pandey, learned counsel for the petitioners as well as learned Standing Counsel for respondent nos. 1 and 2 and Sri Mohan Singh, learned counsel appearing for respondent no. 3. 2. The dispute raised by the petitioners in the present writ petition pertains to Gata Nos. 1891/1, 1891/2, 667, 690, 550, 514/2, 553 & 576, situated at Village - Majhwara, Pargana - Barausa, Tehsil - Sadar (Baldirai), District - Sultanpur which was recorded as "Matrook" in the basic year Khatauni in the year 1979. 3. It is submitted by learned counsel for the petitioners that petitioners have filed objections under Section 9A-2 and same were allowed by the Assistant Consolidation Officer by means of order dated 24.02.1980, declaring Surya Nath S/o Ram Harakh, Brij Mohan S/o Dhanipati, Udit S/o Mathura, Ram Bodh S/o Ram Abhilakh and Ram Laut S/o Shiv Pal as Bhumidhars. 4. Against order dated 24.02.1980, an application was filed before the Settlement Officer Consolidation, making allegations against amended chak formed by order dated 24.02.1980 and after obtaining report, order dated 24.02.1680 was set aside and the matter was remanded to the Consolidation Officer to decide the matter afresh by means of order dated
28.09.1989. The matter was kept pending in the remand proceedings before the Consolidation Officer and it seems that it was dismissed for want of prosecution as the petitioners did not appear and several recall applications were filed which were allowed and lastly the objections preferred by the petitioners were rejected by means of order dated
03.12.2021. 5. Against order dated 03.12.2021, the petitioner preferred revision before Deputy Director of Consolidation, Sultanpur and the same was rejected Versus Counsel for Petitioner(s) : Onkar Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Indra Narayan And Others .....Petitioner(s) Deputy Director Of Consolidation, Sultanpur And Others .....Respondent(s)
upholding the order of Consolidation Officer. It is submitted by learned counsel for the petitioners that one last opportunity should be given to the petitioners to adduce evidence and the Consolidation Officer be directed to decide the matter on merits with expedition. 6. Learned counsel for the respondents do not appose the prayer made by the petitioners. 7.
Accordingly, in the facts and circumstances of the case, specially considering the fact that the matter is pending for more than 33 years and the petitioners seek one last opportunity to adduce evidence before the Consolidation Officer, hence this Court allows the application for the petitioners on the condition that they shall adduce evidence before the Consolidation Officer, Sadar (Baldirai), Sultanpur within six weeks from the date of production of certified copy of this order before the Consolidation Officer. 8. Considering the fact that the matter has been kept pending at the behest of the petitioners and also that the matter was dismissed for want of prosecution, this Court imposes cost of Rs.5000/- upon the petitioners, which shall be deposited before the Legal Services Authority, U.P. Lucknow within next four weeks. 9. Subject to aforesaid conditions, present writ petition is allowed and the impugned orders dated 25.07.2022 passed by the Deputy Director of Consolidation, Sultanpur and order dated 03.12.2021, passed by the Consolidation Officer, Sadar (Baldirai), Sultanpur are hereby set aside. 10. The petitioners undertake that they will cooperate in the proceedings before the Consolidation Officer, who is further directed to conclude the proceedings expeditiously, say within six months of adducing evidence/documents by the petitioners in support of their contentions. It is further made clear that no further time shall be given to the petitioners for the purpose. October 7, 2025 A. Verma WRIB No. 954 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench