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2025 DAILYLAW 38540 (ALL)

PRAMOD KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIB/1340/2025 · 2025-05-22

Chandra Kumar Rai

body2025

Judgment text

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Court No. - 50 Case :- WRIT - B No. - 1340 of 2025 Petitioner :- Pramod Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Kumar Tyagi,Surendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Sanjeev Kumar Tyagi, learned counsel for petitioner and learned Standing Counsel for the State. 2. The instant petition has been filed for following reliefs:- "i) issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 19.03.2025 passed by Settlement Officer (Consolidation) in Appeal No. 004 (Kashinath alias Jagdish Narain Versus Manki Devi). ii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iii) Award cost of the petition to the petitioner." 3. On 25.04.2025 following order was passed by this Court:- "1. Heard Sri Sanjeev Kumar Tyagi, learned counsel for the petitioner and Sri Muneshwar Singh, learned standing counsel for the state-respondents. 2. Counsel for the petitioner states that proceeding under Section 9-A(2) of the U.P. C.H. Act was decided in accordance with law by the Consolidation Officer vide order dated 15.9.1998, directing to record the name of Manki, daughter of Kharpattu over plot no.844, area .907 hect. He submitted that against the order of the Consolidation Officer dated 15.9.1998, three appeals were filed before the Settlement Officer of Consolidation under Section 11(1) of the U.P. C.H. Act and the Settlement Officer of Consolidation has decided the appeals, setting aside the order of the Consolidation Officer and remitting the matter back before the Consolidation Officer on misconceived grounds. He submitted that there is urgency of an interim order against the order of the Settlement Officer of Consolidation, as such, in place of filing the revision before the Deputy Director of Consolidation, the instant petition has been filed before this Court under Article 226 of the Constitution of India. He submitted that regular court of Deputy Director of Consolidation is not functioning at present, as such, the instant petition be entertained. 3. Matter requires consideration as to whether the Settlement Officer of Consolidation can remand the matter again before the Consolidation Officer when the dispute has already been decided by the Consolidation Officer in accordance with law. 4. Considering the facts and circumstances of the case, the effect and operation of the order dated 19.3.2025 passed by the Settlement Officer of Consolidation shall remain stayed till the next date of listing. 5. Petitioner is directed to file revision within period of three weeks from today, against the appellate order dated 19.3.2025 before the competent court at Mau who is exercising the jurisdiction under Section 48 of the U.P. C.H. Act, in accordance with law. 6. Counsel for the petitioner shall file supplementary affidavit annexing the copy of the revision filed before the Deputy Director of Consolidation by the next date fixed in the matter. 7. Put up this matter as fresh on 23.5.2025." 4. In compliance of the earlier order dated 25.04.2025 passed by this Court, revision under Section 48 of the U.P.C.H. Act has been filed on behalf of petitioner before the Deputy Director of Consolidation, Mau, which has been registered as revision no. 446 of 2025. Copy of the grounds of revision has been annexed as annexure S.A.-1 to the Supplementary Affidavit. 5. Considering the fact that revision filed by the petitioner against the appellate order has been registered before the Deputy Director of Consolidation, Mau, the instant petition is finally disposed of directing the respondent no. 6-Deputy Director of Consolidation, Mau to decide the revision no. 446 of 2025, after affording proper opportunity of hearing to both the parties expeditiously, preferably within a period of four months from the date of production of a certified copy of this order. It is further directed that till the disposal of the aforementioned revision by the Deputy Director of Consolidation, Mau the effect and operation of the appellate order dated 19.03.2025 passed by the Settlement Officer of Consolidation shall remain stayed. Order Date :- 23.5.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad