DILIP SINGH AND 2 OTHERS v. STATE OF UP AND 4 OTHERS
WRIB/1293/2025 · 2025-04-07
Chandra Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35929 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35929 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50736 Court No. - 50 Case :- WRIT - B No. - 1293 of 2025 Petitioner :- Dilip Singh And 2 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Vishal Agarwal Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Vishal Agarwal, learned counsel for the petitioners and Mr. Tarun Gaur, learned Standing Counsel for the State respondents.
2. Brief facts of the case are that in the revision filed under Section 48 of the U.P. Consolidation of Holdings Act, 1953 hereinafter referred to as U.P.C.H. Act by the private respondents, the matter was remanded back before the Consolidation Officer to decide the proceeding under Section 9A (2) of the U.P.C.H. Act afresh in accordance with law. Against the remand order dated 24.12.2024 passed by Deputy Director of Consolidation, Writ B No. 308 of 2025 filed by petitioners before this Court was dismissed vide
order dated 24.1.2025 maintaining the remand order passed by Deputy Director of Consolidation. Hence this writ petition on behalf of the petitioners for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to forthwith decided the case bearing No. 20245401499010184 pending before the respondent no.3 expeditiously, if possible within stipulated period of time (Jamindar and others Vs. Dilip Singh and others). (ii) Issue a writ, order or direction in the nature of mandamus directing the parties to maintain status quo over the suit property till the disposal of case bearing No. 20245401499010184 pending before the respondent no.3."
3. Counsel for the petitioners submitted that proceeding in pursuance of the remand order dated 24.12.2024 passed by Deputy Director of Consolidation is pending before respondent no.3, Consolidation Officer and private respondents are creating third party interest in respect to the property in question, as such, private respondents be
restrained from creating third party interest in respect to the property in question and maintain status quo till the pendency of the proceeding before Consolidation Officer.
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 proceeding in pursuance of the remand order dated 24.12.2024 passed by Deputy Director of Consolidation is pending before Consolidation Officer. There is also no dispute about the fact that earlier writ petition filed by petitioners challenging the remand order was dismissed by this Court vide order dated
24.1.2025.
6. So far as the grant of interim relief is concerned, the petitioners can apply for interim relief before Consolidation Officer, District Mainpuri where the proceeding is pending in respect to the plot in question.
7. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no.3, Consolidation Officer, District Mainpuri to decide the pending dispute in pursuance of the remand
order dated 24.12.2024 expeditiously preferably within period of three months from the date of production of certified copy of this order after affording proper opportunity of hearing to both the parties.
Order Date :- 8.4.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad