Neutral Citation No. - 2025:AHC:65169 Court No. - 50 Case :- WRIT - B No. - 1579 of 2025 Petitioner :- Bechan Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Chandra Gupta Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Ram Chandra Gupta, learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Azad Rai, learned counsel for the Gaon Sabha. 2. The instant writ petition has been filed for the following relief: "(i) issue a writ, order or direction in the nature of mandamus directing the authority concerned to comply with the order of Consolidation Officer dated 20.12.1972 in case no. 2084 under section 9A(2) U.P.C.H. Act Mata Prasad Vs. State of U.P. expunging the entity as Naveen parte and to record the name of petitioner father Mata Prasad as Bhumidhar land in question over Arazí 122 area 1 bigha village Mandava Pargana Mah, Tehsil Handia, District Prayagraj. (ii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 5 and 6 not to interfere in peaceful passion of petitioner over arazi no. 122 area 1 bigha situated village Mandava Pargana Mah, Tehsil Handia, District Prayagraj." 3. Learned counsel for the petitioner submitted that in the proceeding under Section 9-A (2) of U.P.C.H. Act, an order was passed by the Consolidation officer for recording the plot No.72/1 M (new numer-122) in the name of the petitioner's father. He submitted that after death of the petitioner's father, petitioner is in continuous possession of the plot in question. He submitted that entry of plot in question has been changed without any basis and at present plot in question is recorded as navin parti. He submitted that proceeding under Rule 109-A of the U.P.C.H. Rules has been initiated by the petitioner which has been registered as Case No.35 before the Consolidation Officer and the same is pending before him for correcting the entry of the plot on the basis of the order dated 20.12.1972. He submitted that in the similar circumstances, this Court has entertained the matter and directed the authorities not to dispossess the petitioner from the property in dispute. He submitted that private respondents Nos.5 and 6 in collusion with gaon sabha and State are interfering with the possession of the petitioner as such authorities be directed to comply the order of Consolidation Officer dated 20.12.1972 in the revenue record as well as private respondent Nos. 5 and 6 be restrained from interfering in the peaceful possession of the petitioner in respect to plot No.122 area 1 bigha situated at village-Mandava, Pargana- Mah, Tehsil-Handia, District-Prayagraj. 4. On the other hand, learned Additional Chief Standing Counsel for the State-respondents submitted that no interference is required in the matter as plot in question at present is recorded as navin parti in the revenue record and the proceeding under Rule 109-A of U.P. C.H. Rules is pending before the Consolidation Officer, Handia, Prayagraj. 5.I have considered the arguments advanced by the learned counsel for the parties and perused the record. 6. There is no dispute about the fact that case No.35 under Rule 109-A of U.P.C.H. Rules read with section 52 (2) of U.P.C.H. Act is pending before respondent No.3/Consolidation Officer, Handia, Prayagraj. 7 In view of the pendency of the proceeding under Rule 109-A of U.P.C.H.Act read with section 52 (2) of U.P.C.H. Act, at the instance of the petitioner, no case for interference is made out in the matter. 8. The writ petition is dismissed with liberty to petitioner to press the proceeding of Case No.35 under Rule 109-A of the U.P.C.H. Rule. which shall be decided by respondent No.3/ Consolidation Officer, Handia, Prayagraj in accordance with law expeditiously. Order Date :- 28.4.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad