HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2133 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Sri Vijay Kumar Tripathi, learned counsel for the petitioner and Sri Mridul Kumar, learned standing counsel for the state- respondents. 2. Brief facts of the case are that in revision filed by Azimullah, a substitution application filed in respect of deceased revisionist- Azimullah has been decided vide order dated 18.8.2023. Further application dated 26.4.2024 filed by petitioner to implead him in place of Azimullah has been rejected under the impugned order dated 17.2.2025. Hence, the instant petition has been filed for the following reliefs:- "(1) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 17.02.2025 passed by respondent no.2/ Deputy Director of Consolidation Gorakhpur, District Gorakhpur (Annexure no.9 to the writ petition) in case no. 0035 of 2017/319 Computerized case no. 2017530531000035 (Azimullah Versus Jai Ram and others) under section 48 (1) of U.P. Consolidation of Holdings Act, 1953 on the application made by the petitioner. (11) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to re-consider the application of the petitioner and implead the name petitioner on the place of revisionist on the basis of registered will deed dated 15.10.2016 for disposal of the aforesaid revision." Versus Counsel for Petitioner(s) : Vijai Kumar Tripathi Counsel for Respondent(s) : C.S.C. Ravindra Kumar Yadav .....Petitioner(s) State Of U.P. And 17 Others .....Respondent(s) 3. Learned counsel for the petitioner submitted that the application for substitution filed on behalf of petitioner during pendency of revision under Section 48 of the U.P. C.H. Act, arising out of the proceeding under Section 9-A(2), has been decided by the Deputy Director of Consolidation in arbitrary manner. He further submitted that Petitioner-Ravindra Kumar Yadav claimed his substitution on the basis of registered will deed dated 15.10.2016. He further submitted that the Deputy Director of Consolidation disposed of the substitution matter under the impugned order, substituting the sons of deceased Azimullah which is wholly illegal. He further submitted that sons of revisionist-Azimullah have filed application that petitioner-Ravindra Kumar Yadav should be substituted in place of their deceased father Azmimullah on the basis of will deed dated 15.10.2016 but the same has not been taken into consideration while passing the impugned order. 4. On the other hand, learned standing counsel for the state submitted that proceeding for substituting the legal heirs of deceased party is only to continue the litigation and any orders passed in substitution proceedings do not decide inter se rights of the parties, as such, no interference is required in the matter. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that the application for substitution filed during pendency of revision under Section 48 of the U.P. C.H. Act, arising out of the proceeding under Section 9-A(2), has been decided by the Deputy Director of Consolidation. There is also no dispute about the fact that Azimullah who was revisionist in revision, died during pendency of revision and his sons were substituted in the revision. 7. This court in the case reported in 2019 (144) RD 486, Jeoraji Vs. Chief Revenue Officer & Others has held that proceeding for substituting the legal heirs of deceased party is only to continue the proceeding/ litigation and any orders passed in substitution WRIB No. 2133 of 2025 2 proceedings do not decide inter se rights of the parties. 8. In view of the ratio of law laid down by this Court in Jeoraji (supra), there is no illegality in the order passed by the Deputy Director of Consolidation, substituting the sons of deceased party during pendency of revision under Section 48 of the U.P. C.H. Act. 9. No interference is required in the matter. 10. The writ petition is dismissed. September 11, 2025 C.Prakash WRIB No. 2133 of 2025 3 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad