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2025 DAILYLAW 54435 (ALL)

INDRAPAL AND 7 OTHERS v. STATE OF U.P. AND 10 OTHERS

WRIB/1767/2025 · 2025-05-21

Chandra Kumar Rai

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:86797 Court No. - 50 Case :- WRIT - B No. - 1767 of 2025 Petitioner :- Indrapal And 7 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Ashok Kumar Singh, learned counsel for the petitioners, Sri Tarun Gaur, learned standing counsel for the state-respondents, Sri Utpal Chaterjee and Sri Rishikant Rai, Advocates appearing for the persons, whose title objections under Section 9-A(2) of the U.P. C.H. Act are pending before the Consolidation Officer, Bulandshahar. 2. The instant writ petition has been filed for the following relief:- (A) A writ, order or direction in the nature of mandamus, directing respondent no.2 for the expeditious disposal of Case Nos.31/91/2025 (Indrapal Singh vs. Sangeeta Gupta and Others and Case No.32/92/2025 (Arvinderjeet Singh vs. Smt. Sangeeta Gupta and Others), pending before Consolidation Officer, Bulandshahar/respondent no.2, under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953." 3. Counsel for the petitioners states that proceeding under Section 9-A(2) of the U.P. C.H. Act, 1953, at the instance of the petitioners along with certain other persons are pending before respondent no.2/Consolidation Officer, Bulandshahar, as such, appropriate direction be issued for the expeditious disposal of the proceeding under Section 9-A(2) of the U.P. C.H. Act within stipulated period. He further submitted that plot in dispute is situated at Meerut but by the transfer order passed by the Addl. Commissioner (Consolidation), U.P., the proceeding of cases under Section 9-A(2) of the U.P. C.H. Act have been transferred from Meerut to Bulandshahar, as such, direction should be issued to the Consolidation Officer, Bulandshahar to decide the pending proceeding expeditiously. He also placed the order dated 1.10.2024, passed by the Additional Commissioner (Consolidation), U.P. in order to demonstrate the particulars of the cases which have been transferred from the court of Consolidation Officer, Meerut to Consolidation Officer, Bulandshahar. The particulars of the cases as mentioned in the order dated 1.10.2024, passed by the Addl. Commissioner (Consolidation), U.P. are as under:- "Case No.10/307 (Rajesh Sondhi vs. Sangeeta Gupta); Case No.20235411522030072 (Indrapal and Others vs. Sangeeta Gupta); Case No.20235411522030071 (Arvindjeet vs. Sangeeta Gupta and Others); Case No.2022551152010002 (Rajesh Sondhi vs. Charan Singh and Others), Case No.290 (Rajesh Sondhi vs. Charan Singh); Case No.20225411522011246 (State vs. Sangeeta Gupta and Others) and Case No.20225411522011246 (Jabar Singh vs. Shyam Singh and Others), under Section 9-A(2) of the U.P. C.H. Act, Village Bisaula, Pargana Hastinapur, Tehsil Mawana, District Meerut." 4. Sri Utpal Chaterjee, learned counsel and Sri Rishikant Rai, learned counsel appearing for the persons, whose objections are pending before the Consolidation Officer, Bulandshahar, submitted that appropriate directions should be issued to decide all the cases which have been filed under Section 9-A(2) of the U.P. C.H. Act in respect to the plot in question. 5. I have considered the arguments of the learned counsel for the parties and perused the records. 6. There is no dispute about the fact that against the basic year entry of the plot in question, proceedings under Section 9-A(2) of the U.P. C.H. Act are pending before the Consolidation Officer, Bulandshahar. 7. Considering the entire facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2/Consolidation Officer, Bulandshahar to decide the proceedings, i.e. "Case Nos.31/91/2025 (Indrapal Singh vs. Sangeeta Gupta and Others; Case No.32/92/2025 (Arvinderjeet Singh vs. Smt. Sangeeta Gupta and Others); Case No.10/307 (Rajesh Sondhi vs. Sangeeta Gupta); Case No.2022551152010002 (Rajesh Sondhi vs. Charan Singh and Others); Case No.290 (Rajesh Sondhi vs. Charan Singh); Case No.20225411522011246 (State vs. Sangeeta Gupta and Others); Case No.20225411522011246 (Jabar Singh vs. Shyam Singh and Others), including the objections of Dayawati, Prakashi, Smt. Shiva Chandra, Mahima Ahlawat and Nabab Singh along with any other pending proceedings, which have been filed under Section 9-A(2) of the U.P. C.H. Act in respect to the plot in question, as expeditiously as possible, preferably within a period of 6 months, from the date of production of a certified copy of this order before the authority concerned, after framing issues and giving parties to lead evidence, in accordance with law. Order Date :- 22.5.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad