Neutral Citation No. - 2025:AHC:87795 Court No. - 50 Case :- WRIT - B No. - 14598 of 2016 Petitioner :- Bagesara Respondent :- D.D.C. And Another Counsel for Petitioner :- Prashant Pandey,S.N.Tripathi Counsel for Respondent :- C.S.C.,Hira Lal,Nisar Uddin Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Prashant Pandey, learned counsel for the petitioner, Mr Ayub Khan, learned Counsel holding the brief of Mr. Hira Lal, learned counsel for respondent No.2 and learned Standing Counsel for the State. 2. The instant writ petition filed by the following relief: "i. Issue a writ, order or direction in the nature of certiorari quashing the order dated 08.01.2016 passed by the respondent No.1 i.e. Deputy "Director of Consolidation, Varanasi in Revision No.1391 under Section 48 (1) of U.P.C.H,. Act, Bhullan Vs. Bagesara (Annexure No.10 to the writ petition)." 3. This Court on 4.1.2016 passed the following order: "Shri Nisar Uddin has put in appearance on behalf of respondent no. 2. Learned Standing Counsel represents respondent no. 1. The respondents may file counter within one month. List immediately after expiry of the aforesaid period. Till the next date of listing, the nature of land in question shall not be changed." 4. The Deputy Director of Consolidation vide order dated 8.1.2016 remanded the matter before Consolidation Officer to decide the dispute under Section 9 (A) of U.P.C.H. Act afresh on merit. The Consolidation Officer vide order dated 2.5.2025 has decided the title dispute after framing issues and giving parties to lead evidence. Certified copy of the order that dated 02.05.2025 passed by Consolidation Officer has been filed along with supplementary dated 11.05.2025 as Annexure No.S.A.1 before this Court. 5. Mr Prashant Pandey learned counsel for the petitioner submitted that he will challenge the order of consolidation officer dated 02.05.2025 before this court by fling amendment application as consolidation officer has passed the order dated 02.05.2025 during pendency of the instant petition. 6. Considering the fact that further proceeding in pursuance of remand order dated 08.01.2016 was not stayed by this Court accordingly matter was proceed before consolidation officer and petitioner has participated in the proceeding before consolidation officer as such it will be appropriate that petitioner should challenge the order dated 02.05.2025 passed by consolidation officer under section 9-A (2) of U.P.C.H. Act before Settlement Officer Consolidation in appeal under section 11 (1) of U.P.C.H. Act rather before this Court by way of amendment application. 7. Considering the entire facts and circumstances, the instant petition is finally disposed of with liberty to petitioner to challenge the order dated 02.05.2025 passed by consolidation officer before Settlement Officer Consolidation under section 11 (1) of U.P.C.H. Act which shall be decided in accordance with law on merit after affording opportunity of hearing to both the parties. Order Date :- 22.5.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad