HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2893 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Shri Sunil Kumar Pandey, learned counsel has entered appearance for the respondent no. 5. The impugned order dated 16.05.2024 has specifically recorded that despite service of notice the petitioners failed to appear before the trial court. This Court had earlier passed the order on misconception of facts and granted interim protection to the petitioners. The order dated 06.08.2025 is recalled. It is clarified that no interim order is existing. The sole ground of challenge to the impugned order dated 16.05.2024 passed by the Consolidation Officer is that the order was passed without opportunity of hearing. The impugned order dated 16.05.2024 records that the petitioners had failed to appear despite notice. Once notice has been served and the noticee party does not cooperate in the proceedings or fails to tender its pleadings or defence, it does not lie in the mouth of such party to complain that the order was passed without opportunity of hearing. The writ petition does not refute the said finding made by the consolidation officer in the impugned order dated 16.05.2024. A party that does not avail the opportunity of hearing granted to it, cannot later complain that opportunity of hearing was not granted. The revision court by order dated 09.11.2024 has found Versus Counsel for Petitioner(s) : Durgesh Kumar Singh Counsel for Respondent(s) : Anil Kumar Rai, C.S.C. Tahsim Ahmad And 17 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) that the only intention of the petitioners is to delay the proceedings. Faced with this Shri Durgesh Kumar Singh, learned counsel for the petitioners submits that the petitioners do not wish to press the writ petition and seek leave to approach the appellate authority. It shall be open to the petitioners to approach the appellate authority and raise issues on merits. However, the ground that they were not given an opportunity before the Consolidation Officer shall not be open to them. The writ petition is dismissed with the above observations. September 22, 2025 Vandit WRIB No. 2893 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad