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2025 DAILYLAW 67501 (ALL)

KHALEEL AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIB/2431/2025 · 2025-07-17

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116677 Court No. - 50 Case :- WRIT - B No. - 2431 of 2025 Petitioner :- Khaleel And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jai Prakash Prasad Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Ajay Bhanot,J. Shri Jai Prakash Prasad, learned counsel for the petitioners submits that the matter arises out of the order dated 19.10.2016 passed by the Consolidation Officer (1st), Moradabad which was the subject matter for consideration before this Court in Writ-B No.3531 of 2024 (Wahid v. State of U.P. and 4 others). This Court in Wahid (supra) held as under: "14. Considering the entire facts and circumstances of the case as well as the ratio of law laid down by Hon'ble Apex Court in the case of Committee of Management (Supra) as well as well as this Court in Smt. Ram Kali deceased and 4 Others (Supra) the impugned order dated 19.10.2016 passed by respondent no.2 is hereby set aside. Writ petition stands allowed in part and matter is remitted back before respondent no.2, Consolidation Officer (1st), Moradabad to decide the matter afresh after framing issues in the proceeding under Section 9A (2) of U.P.C.H. Act as well as afford opportunity to petitioner to lead evidence in accordance with law expeditiously preferably within period of four months from the date of production of certified copy of this order. There is no dispute between the parties that the judgement rendered by this Court in Wahid (supra) will apply to the facts of this case. In this wake the impugned order dated dated 19.10.2016 passed by respondent no.2-Consolidation Officer (1st), Moradabad is liable to be set aside and is set aside. The matter is remitted to the Consolidation Officer, Consolidation Officer (1st), Moradabad for deciding the controversy on merits within a period of four months from the date of receipt of a certified copy of this order after hearing all necessary parties and as per law. The writ petition is allowed to the extent indicated above. Order Date :- 18.7.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad