MADANPAL AND 5 OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION AND 10 OTHERS
WRIB/2610/2025 · 2025-08-19
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71112 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71112 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142433 Court No. - 50 Case :- WRIT - B No. - 2610 of 2025 Petitioner :- Madanpal And 5 Others Respondent :- Deputy Director Of Consolidation And 10 Others Counsel for Petitioner :- Anoop Singh,Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioners contends that the application filed by the them for correction of map under Section 38 of U.P. Revenue Code, 2006 was dismissed on the footing that the matter was cognizable by the consolidation courts. By the impugned orders the consolidation courts have declined to accede to the prayer of the petitioners on the ground that they do not have jurisdiction after publication of notification under Section 52 of U.P. C.H. Act. Learned Standing Counsel submits that the appropriate remedy for the petitioners will be to take out proceedings under Section 27 (3) of the U.P. C.H. Act. Shri Ashok Kumar Singh, learned counsel for the petitioners submits that the petitioners may be permitted to take out the proceedings under the aforesaid provisions as that is the only appropriate remedy for the petitioners in law. However, the prayer is made that the said application be decided within a stipulated period of time. Interest of justice shall be served by passing the following
directions:- 1) The petitioners shall file an application under Section 27 (3) before the competent authority under the U.P. C.H. Act. 2) The authority shall decide the said application after hearing the necessary parties within a period of three months from the date of receipt of a certified copy of this
order along with the application. 3) The authority under Section 27 (3) of the U.P. C.H. Act shall not be influenced by the impugned order while taking a final decision in the matter. The writ petition is disposed.
Order Date :- 20.8.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad