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2025 DAILYLAW 48104 (ALL)

DEVENDRA KUMAR SINGH AND ANOTHER v. STATE OF U.P. & 14 OTHERS

WRIB/1549/2025 · 2025-04-24

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63629 Court No. - 50 Case :- WRIT - B No. - 1549 of 2025 Petitioner :- Devendra Kumar Singh And Another Respondent :- State Of U.P. & 14 Others Counsel for Petitioner :- Dheerendra Kumar,Gaurav Kumar Singh,Karma Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Karma Singh Yadav, learned counsel for the petitioners and Mr. Tarun Agarwal, 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 mandamus commanding the respondent especially respondent no.4 to conclude the appeal no.2532/2022- 23 (Computerized Case No.202354143600000642) (Makkhan and others vs. Tejbahadur and others), pending before the Settlement Officer of Consolidation, Jaunpur within stipulated period to be fixed by this Hon'ble Court. ii. issue a writ, order or direction in the nature of mandamus commanding to the respondents to maintain status quo with respect to nature and possession over the property in question till conclusion of the aforesaid appeal no.2532/2022-23 (Makkhan and others vs. Tejbahadur and others)." 3. Learned counsel for the petitioners submitted that in pursuance of the revisional order dated 3.6.2023, the earlier order dated 16.6.1973 passed by the Assistant Consolidation Officer has been set aside and the matter has been remanded back before the Settlement Officer of Consolidation, Jaunpu to decide the appeal afresh after affording proper opportunity of hearing to the parties. He further submitted that the revisional order dated 3.6.2023 has attained finality and the proceeding has started before the Settlement Officer of Consolidation. He further submitted that appropriate direction be issued to respondent no.4/ Settlement Officer of Consolidation, Jaunpur to decide the pending appeal within time bound period and till the disposal of appeal parties may be directed to maintain status quo with respect to the nature and possession of the property in question. 4. I have considered the argument advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that title appeal in pursuance of the revisional order dated 3.6.2023 is pending before respondent no.4. 6. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of directing respondent no.4/ Settlement Officer of Consolidation to decide the appeal under Section 11 (1) of U.P. Consolidation of Holdings Act, 1953 in pursuance of the revisional order dated 3.6.2023 in accordance with law after affording proper opportunity of hearing to the parties, expeditiously preferably within a period of three months from the date of production of certified copy of this order before respondent no.4. Order Date :- 25.4.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad