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2025 DAILYLAW 75667 (ALL)

SANJAY KHANDELWAL AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIB/2807/2025 · 2025-07-24

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122581 Court No. - 50 Case :- WRIT - B No. - 2807 of 2025 Petitioner :- Sanjay Khandelwal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Kumar Yadav,Bhola Nath Yadav Counsel for Respondent :- C.S.C.,Sunil Vishal Singh Hon'ble Ajay Bhanot,J. Shri Bhola Nath Yadav, learned counsel for the petitioner submits that neither of the courts below have appraised the evidences tendered by the petitioner in support of their title. Faced with this Shri Arun Kumar Srivastava, learned counsel and Shri Sunil Vishal Singh, learned counsel for the respondent no. 5 fairly admits the aforesaid deficiencies in the impugned order. A perusal of the impugned orders confirms the submissions of Shri Bhola Nath Yadav, learned counsel for the petitioner have merit. Clearly the failure of the courts below to advert to and examine the evidence led by the petitioner vitiates the orders. The orders are clearly passed on non application of mind and are unsustainable in law. The impugned orders dated 29.05.2025 passed by the Deputy Director of Consolidation and 18.11.2024 passed by the Settlement Officer Consolidation are liable to be set aside and are set aside. The matter is remitted to the Consolidation Officer, Bareilly. The Consolidation Officer, Bareilly is directed to expedite the proceedings and conclude them preferably within a period of six months from the date of receipt of a certified copy of this order. The parties are directed to cooperate in the proceedings. The writ petition is allowed. Order Date :- 25.7.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad