RAJ BAHADUR SINGH AND 4 OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION AND 3 OTHERS
WRIB/3194/2025 · 2025-09-14
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85342 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85342 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3194 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Shri Amit Kumar Gaur, learned counsel appears for the petitioners and Shri Neeraj Srivastava, learned counsel appears for the respondent No.4. By the impugned order the petitioner has moved an application for mutation on the strength of the order dated 24.05.1979 by the Consolidation Officer, Mainpuri. The reference was declined on the footing that the order dated 24.05.1979 appears to be suspicious. The reference authority ought to have made searching enquiry and was liable to make a reasoned finding regarding the authenticity of the order dated 24.05.1979. This more so in view of the fact that according to the petitioner substantive rights of the parties were determined by the order dated 24.05.1979. The aforesaid infirmity clearly vitiates the reference order dated 17.06.2025 passed by the Deputy Director of Consolidation, Mainpuri. In this wake, the impugned order dated 17.06.2025 passed by the respondent No.1-Deputy Director of Consolidation, Mainpuri is liable to be quashed and is quashed. The matter is remitted to the Consolidation Officer, Mainpuri for fresh consideration. Versus Counsel for Petitioner(s) : Amit Kumar Gaur Counsel for Respondent(s) : C.S.C., Neeraj Srivastava Raj Bahadur Singh And 4 Others .....Petitioner(s) Deputy Director Of Consolidation And 3 Others .....Respondent(s)
The exercise shall be completed by the Consolidation Officer, Mainpuri within a period of three months after hearing all parties and perusing/extracting all relevant records. The writ petition is allowed. It is informed that the notification for fresh consolidation proceedings under Section 4 of the Consolidation of Holdings Act has been issued on 19.01.2024. Since the aforesaid issue regarding the authenticity of the order dated 24.05.1979 has not yet been determined, it shall be open to the parties to raise this issue before the competent authorities under the appropriate provisions of law after the consolidation proceedings commenced. September 15, 2025 Ashish Tripathi WRIB No. 3194 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad