ARTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS
WRIB/997/2025 · 2025-10-15
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201634 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201634 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 997 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard Sri Ram Vishal Tripathi, learned counsel for the petitioner. Notice on behalf of respondent nos. 1 to 6 has been accepted by Sri Dev Prakash Mishra, Learned Additional Chief Standing Counsel. By means of the instant petition, the petitioner prays for the following main reliefs:-
"(i) issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no. 2 to ensure to cancel the consolidation proceeding in Village Panchayat Lakkhrampur, Tehsil Payagpur, District Bahraich in pursuance of the letter dated 16.09.2023 issued by opposite party no. 2 himself to all the District Magistrates/Deputy Directors of Consolidation to send the proposal for cancelling the consolidation proceeding under Section 6(1) of U.P.C.H. Act, and also the report dated 19.05.2025 send by opposite party no. 3 before him in pursuance of the resolution dated 30.10.2024 passed by the village panchayat in its open meeting for cancelling the consolidation proceeding in the village panchayat, as contained in Annexure No. 1, 2 & 3 to this writ petition. (ii) issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no. 2 to 6 not to proceed with the consolidation proceeding in Village Panchayat Lakkhrampur, Tehsil Payagpur, District Bahraich till the decision taken by the opposite party no. 2 on the report dated 19.05.2025 send by opposite party no. 3 before opposite party no. 2 on the resolution dated 30.10.2024 passed by the village panchayat as contained in Annexure No. 2 & 3 to this writ petition." Versus Counsel for Petitioner(s) : Ram Vishal Tripathi, Rama Kant Dixit Counsel for Respondent(s) : C.S.C. Arti Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s)
Submission of learned counsel for the petitioner is that proceedings under Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 were initiated in the year 2011 and till date the same has not concluded. A resolution is said to have been passed for cancelling the consolidation proceedings and a report to the aforesaid effect was also prepared, however, till date no such order has been passed.
It is in the aforesaid backdrop, it is urged that more than 80% of the villagers do not wish the consolidation proceedings but no action has been taken, consequently, the prayer which has been reproduced above, has been sought. The learned Standing Counsel on the basis of written instructions dated 14th October, 2025, a copy of which has been provided to the Court for perusal and the same is taken on record, would indicate that the present petitioner herself is the Pradhan of the village in question, also a member of the Consolidation Committee. A specific query was put to the learned counsel for the petitioner as to how the instant proceedings are maintainable to which he has urged that though it is in the nature of a conditional legislation but nevertheless there are some decisions in pursuance whereof certain indulgence has been granted and in support he has referred to the decision of a coordinate Bench of this Court in Shiv Bahadur and Others vs. State of U.P. and others passed in Writ Petition No. 3573 (Consolidation) of 2019, Jagir Singh Vs. State of U.P. and others in Writ Petition No. 290 (Consolidation) of 2015. From the perusal of the aforesaid orders which have been placed in support would indicate that there is no proposition which has been laid down rather the liberty had been granted to the petitioner to move an exhaustive representation. There is nothing indicated in the entire writ petition as to what prejudice has been caused to the petitioner in case if the petitioner is taken to have been filed in her personal capacity and for the said reason the petition lacks any worthy averment worth consideration or how the petitioner is aggrieved. This fact apart, a Division Bench of this Court in Runup Gramodyog Evam Sewa Sansthan Vs.
State of U.P. and others (2022) 155 RD 497 wherein it WRIB No. 997 of 2025 2
has been held that for such purposes, the present petition cannot be entertained. For the aforesaid reasons, this Court does not find that there is any merit in the present petition, accordingly, the petition is dismissed. October 15, 2025 Asheesh WRIB No. 997 of 2025 3 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench