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2025 DAILYLAW 8231 (ALL)

DHANTERAS KUMAR AND ANOTHER v. DEPUTY DIRECTOR OF CONSOLIDATION and 7 OTHERS

WRIB/418/2024 · 2025-05-07

Chandra Kumar Rai

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:75178 Court No. - 50 Case :- WRIT - B No. - 418 of 2024 Petitioner :- Dhanteras Kumar And Another Respondent :- Deputy Director Of Consolidation And 7 Others Counsel for Petitioner :- Poonam Yadav,Raj Karan Yadav,Yadvendra Kumar Yadav Counsel for Respondent :- Azad Rai,C.S.C.,Krishna Kumar Mishra Hon'ble Chandra Kumar Rai,J. 1. The instant petition has been filed for the following relief:- "Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 1.9.2023 partly passed by the Deputy Director of Consolidation, District Prayagraj in respect of the order dated 1.5.2023 passed by the Consolidation Officer, Sadar, Prayagraj." 2. The records demonstrate that the Consolidation Officer vide order dated 1.5.2023, granted benefit of Section 5 of the Limitation Act and consolidated the proceeding under Sections 9 and 12 of the U.P. C.H. Act for disposal in accordance with law. The revision filed by the petitioners against the order dated 1.5.2023 was dismissed by the Deputy Director of Consolidation vide order dated 1.9.2023. No interim order is operating in the instant petition, accordingly, the matter was proceeded before the Consolidation Officer and the Consolidation Officer vide order dated 5.2.2024 decided the Case No.32/36/22/23 of 1993 (Computerized Case No.2018550203060016) (Vinod Kumar vs. Ramakant and Others), under Section 9-A(2) of the U.P. C.H. Act (Copy is Annexure No.C.A.-1 to the counter affidavit dated 6.5.2024), by which the name of respondent no.3 - Vinod Kumar son of Ramakant Dubey was ordered to be recorded on the basis of the will deed. 3. In view of the final order passed by the Consolidation Officer, Sadar, Prayagraj, no cause of action survives in the matter. 4. In view of above, the writ petition is dismissed with liberty to the petitioners to initiate proper proceeding against the order passed by the Consolidation Officer in accordance with law. Order Date :- 8.5.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad