Neutral Citation No. - 2025:AHC:38034 Court No. - 50 Case :- WRIT - B No. - 1002 of 2025 Petitioner :- Vijay Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajeev Kumar Singh,Saurabh Shahi Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Rajeev Kumar Singh, learned counsel for the petitioner and Mr. Ashok Kumar Sonkar, 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 impugned order dated 30.12.2024 passed by the Deputy Director of Consolidation/ Additional District Magistrate (Judicial) Kanpur Nagar whereby illegally decided the application/ representation of petitioner dated 16.2.2024. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities concern to correct the final map of Gata No. 408 situated in Mauza Dewara, Pargana and Tehsil Ghatampur, District Kanpur Nagar in pursuance of the order dated 28.7.1999 passed the Consolidation Officer, Ghatampur District Kanpur Nagar by showing the holding according to C.H. Form No. 23(1), 41 and 45 of U.P.C.H. Act, 1953." 3. Counsel for the petitioner submitted that final order passed on 28.7.1999 is to be given effect in the records. He submitted that time barred recall application filed by some persons against the order dated 28.7.1999 cannot be entertained. He submitted that this Court vide order dated 16.7.2024 directed the Deputy Director of Consolidation to decide the application/ representation of the petitioner dated 16.2.2024 in the light of the report dated 11.3.2024 but Deputy Director of Consolidation has passed the impugned order in arbitrary manner giving opportunity to the applicants of the recall application to press his recall application filed against the order dated 28.7.1999. He submitted that impugned order dated 30.9.2024 should be set aside and petitioner's application/ representation dated 16.2.2024 should be allowed as well as authorities be directed to correct the map of plot No. 408 in pursuance of the order dated 28.7.1999. 4. On the other hand, Mr. Ashok Kumar Sonkar, learned Standing Counsel for the State respondents submitted that time barred recall application has been filed by private persons against the order dated 28.7.1999 which is pending for disposal, as such, there is no illegality in the order impugned passed by Deputy Director of Consolidation. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that Deputy Director of Consolidation/ Additional District Magistrate has decided the petitioner's application under the impugned order dated 30.12.2024. There is also no dispute about the fact that some persons have filed recall application against the order dated 28.7.1999 before the Consolidation Officer which is pending and petitioner has already filed his objection to the recall application. 7. The Deputy Director of Consolidation/ Additional District Magistrate under the impugned order dated 30.12.2024 has decided the application/ representation of the petitioner dated 16.2.2024 with observation that recall application filed by Ujiyari Lal, Neeraj Kumar and Champa Devi against the order dated 28.7.1999 shall be decided in accordance with law within period of one month before giving effect the orders dated 28.7.1999 passed by Consolidation Officer which is correct exercise of jurisdiction. 8. Considering the facts and circumstances of the case, there is no illegality in the order dated 30.12.2024 passed by respondent no.3/ Additional District Magistrate (Judicial)/ Deputy Director of Consolidation. 9. The writ petition is dismissed and respondent no.5, Consolidation Officer, Kanpur Nagar is directed to decide the time barred recall application dated 29.11.2024/ 3.12.2024 filed by Ujiyari Lal, Champa Devi and Niraj Kumar in accordance with law expeditiously preferably within period of three months from the date of production of certified copy of this order. Order Date :- 18.3.2025/Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad