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2025 DAILYLAW 69995 (ALL)

SMT. GAURA DEVI v. STATE OF U.P. AND 8 OTHERS

WRIB/2459/2025 · 2025-07-09

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109893 Court No. - 50 Case :- WRIT - B No. - 2459 of 2025 Petitioner :- Smt. Gaura Devi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Nand Kishor Mishra Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble Ajay Bhanot,J. Shri Sanjay Singh, learned counsel appears for the respondent No.4 Shri Achal Singh, learned counsel appears for the respondent No.9. The impugned order dated 15.05.2025 passed by the respondent No.2-Settlement Officer of Consolidation, Mahoba under Rule 109A(3) of the Consolidation of Holdings Act, 1954 is revisable before the Deputy Director of Consolidation, Mahoba. The maintainability of the revision against an order under Rule 109A(3) of the Consolidation of Holdings Act, 1954 has been upheld by this Court in Subba and another v. Deputy Director of Consolidation, Ballia and another, reported at 2008 SCC OnLine All 382 by holding thus: "24. In view of the above discussions, it is to be held that Director of Consolidation is not precluded from examining the correctness of an order passed by the Settlement Officer Consolidation under Rule 109 of the U. P. Consolidation of Holdings Rules. Although the Deputy Director of Consolidation in the impugned order has not considered the submissions raised by learned Counsel for the petitioner but in view of the fact that respective submissions have been examined in this writ petition, I do not find it a fit case to interfere in the impugned order, passed by the Deputy Director of Consolidation rejecting the objection of the petitioner regarding maintainability of the revision. In the result, the writ petition is dismissed." It is open to the petitioner to avail the alternative remedy. Faced with this, Shri Pawan Kumar Tripathi, learned counsel holding brief of Shri Nand Kishor Mishra, learned counsel for the petitioner does not press the prayer made in the writ petition and recasts the relief. Learned counsel for the petitioner contends that the petitioner may suffer irreparable loss in case interim protection is not granted to him. It is open to the petitioner to file an application for interim relief before the revising authority. In case such application is filed, the same shall be decided within a period of two months as per law. The writ petition is accordingly disposed of. Order Date :- 10.7.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad