ATHAR ALI AND ANOTHER v. CONSOLIDATION OFFICER, MUSAFIRKHANA, AMETHI AND OTHERS
WRIB/1011/2025 · 2025-10-16
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203743 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203743 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1011 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioners. Notice on behalf of respondent no. 1 has been accepted by the office of the learned 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 certiorari to quash the impugned order dated 27.09.2025 passed by opposite party no.1 i.e. Consolidation Officer, Musafirkhana, District Amethi in Case No. 3634 of 2025 (Computerized Case No.202554047150023634) "Ram Bahadur Vs. Ram Shankar and others" filed under section 109 A (1) of U.P. Consolidation of Holding Rules, as contained in Annexure No.1 to this writ petition, in the interest of justice. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to interfere in peaceful possession of the petitioners over the disputed land in dispute, in the interest of justice." Under challenge is the order dated 27.09.2025 passed by the respondent no. 1 in exercise of his powers under Rule 109-A (2). It is not disputed that the impugned order which is under implementation before the Consolidation Officer has been assailed by the petitioner himself by filing a revision, a copy of which has been brought on record Versus Counsel for Petitioner(s) : Ravindra Kumar Dwivedi Counsel for Respondent(s) : C.S.C. Athar Ali And Another .....Petitioner(s) Consolidation Officer, Musafirkhana, Amethi And Others .....Respondent(s)
as Annexure No. 5. The said revision was allegedly filed on 14.05.2025 and it is urged that the relief for interim protection was also made in the said memo of revision. The record does not reflect that once the order passed by the Consolidation Officer dated 27.09.2025 was passed whether the petitioner had moved an application before the Revisional Court informing the Revisional Court of the same. The record also does not reflect as to what is the date on which the revision is listed. At this stage, learned counsel for the petitioner has referred to paragraph 12 of the petition to indicate that revision was last listed on 14.10.2025.
Be that as it may, in the aforesaid given facts and circumstances where the revision is already engaging the attention of the Deputy Director of Consolidation concerned, this Court is not inclined to entertain the present petition leaving it open for the petitioner to move an appropriate application informing the DDC concerned of the matter and in case if any such application is moved, the same shall be considered on its own merits after affording an opportunity of hearing to the parties but without granting any unnecessary adjournments, as expeditiously as possible. It is made clear that the Court has not examined the case of either of the parties on merits and the application concerned shall be decided by the DDC concerned strictly in accordance with law. With the aforesaid, the petition stands disposed of. October 16, 2025 Asheesh WRIB No. 1011 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench