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2025 DAILYLAW 40294 (ALL)

MUNNI LAL v. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS

WRIB/17560/2010 · 2025-05-18

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83751 Court No. - 50 Case :- WRIT - B No. - 17560 of 2010 Petitioner :- Munni Lal Respondent :- Deputy Director Of Consolidation And Others Counsel for Petitioner :- Ram Shyam Shanker Pandey,Sunil Kumar Singh,Vijay Shekhar Tiwari Counsel for Respondent :- Jai Prakash Mishra Hon'ble Chandra Kumar Rai,J. 1. The instant petition has been filed for quashing the order dated 11.1.2010 passed by Deputy Director of Consolidation and 28.8.2006 passed by Assistant Settlement Officer of Consolidation. 2. This Court entertained the matter on 1.4.2010 and interim order was granted to the effect that parties shall not alienate the property in dispute. Under the impugned revisional order, the Deputy Director of Consolidation has remanded the matter before Consolidation Officer. In pursuance of the remand order, Consolidation Officer has decided the dispute under Section 9A (2) of the U.P.C.H. Act vide order dated 24.5.2023 as further proceeding in pursuance of the impugned revisional order dated 11.1.2010 was not stayed by this Court. 3. Mr. Tara Chand Kaushal, learned counsel who has applied for impleadment annexing the certified copy of the order of Consolidation Officer dated 24.5.2023 along with impleadment application submitted that applicant- Sanji daughter of late Hans Raj has been given 1/2 share in the plot in question under the order of Consolidation Officer dated 24.5.2023. He further submitted that against the order of Consolidation Officer dated 24.5.2023, appeal under Section 11 (1) of the U.P.C.H. Act can be filed by legal heirs of deceased petitioner- Munni Lal. 4. In view of the aforementioned facts and circumstances, the instant petition has become infructuous. 5. Considering the entire facts and circumstances of the case, the writ petition is dismissed as infructuous with liberty to petitioner to challenge the order dated 24.5.2023 before appropriate forum. Order Date :- 19.5.2025/Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad