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2025 DAILYLAW 6323 (ALL)

OM PRAKASH v. DDC AND 3 OTHERS

WRIB/9493/1980 · 2025-07-23

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121502 Court No. - 34 Case :- WRIT - B No. - 9493 of 1980 Petitioner :- Om Prakash Respondent :- Ddc And 3 Others Counsel for Petitioner :- V.S. Chaudhary,Rahul Kumar Tyagi Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for State. 2. It is contended that petitioner and his brother, Sahdev son of Charan Singh were joint tenure holder of Chak No. 130. During consolidation proceedings, an application was moved by members of Schedules Castes for allotting them land in Abadi. The matter was referred to Deputy Director of Consolidation and notices having been issued to all tenure holders, Sahdev, brother of petitioner appeared and gave his consent for allotting different chak. The order was passed on consent by Deputy Director of Consolidation on 26.12.1979. When Om Prakash returned to village and came to know about the said fact as he was in service, a recall application was moved by him. On the recall application, it was held that Sahdev, being the other co-tenure holder was heard and an order was passed after the consent was given by Sahdev which shall be deemed to be of petitioner also. The said review application was rejected. Hence, this writ petition. 3. Having heard learned counsel for the petitioner, learned Standing Counsel for State and perusing the order impugned, I find that order was passed on the consent given by brother of petitioner, Sahdev. He had never moved any review application or recall application once the chak was allotted by Deputy Director of Consolidation after his consent. The petitioner has agitated the matter by filing a recall application. More than 43 years have passed and consolidation proceedings have already been over and petitioner and respondents are on their respective chaks. 4. No case for interference is made out. 5. The writ petition fails and is hereby dismissed. Order Date :- 24.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad