VISHWANATH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIB/3304/2025 · 2025-09-03
Chandra Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88667 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88667 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3304 of 2025 Court No. - 37 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 mandamus commanding and directing the respondent no.2 to decide the Case No.60 of 2003-04 (Vishwanath and another vs. Lalji) under Section 48 (1) of U.P. Consolidation of Holdings Act, 1953 within stipulated period.
2. On 23.8.2025 following order was passed by this Court:
"The Deputy Director of Consolidation, Prayagraj shall submit a report why proceedings of Revision No. 60 of 2003-04, Vishwanath and another v. Lalji, under Section 48(1) of U.P. Consolidation of Holdings Act, 1953 are lingering on. The report shall be submitted by the next date fixed, without fail. Lay this matter as fresh on 04.09.2025. Let this order be communicated to the Deputy Director of Consolidation, Prayagraj through the learned Civil Judge (Senior Division), Allahabad by the Registrar (Compliance) by Monday next."
3. In compliance of the order of this Court dated 23.8.2025, instruction dated 2.9.2025 sent by the Deputy Director of Consolidation/ Additional District Magistrate, Nazool, Prayagraj is taken on record.
4. Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State-respondent on the basis of instruction dated 2.9.2025 submitted that the restoration application dated 26.12.2006 filed by Versus Counsel for Petitioner(s) : Radhey Shyam Yadav Counsel for Respondent(s) : C.S.C. Vishwanath And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
petitioners against the order dated 21.9.2006 passed in the revision under Section 48 of U.P.C.H. Act has been rejected vide order dated 29.8.2025 passed by Deputy Director of Consolidation/ Additional District Magistrate, Nazool, Prayagraj, as such, no further cause of action survives in the matter. He placed the copy of the order dated 29.8.2025 passed by Deputy Director of Consolidation/ Additional District Magistrate, Nazool, Prayagraj, which is annexed along with the instruction dated 2.9.2025.
5. Considering the order dated 29.8.2025 passed by Deputy Director of Consolidation/ Additional District Magistrate, Nazool, Prayagraj, no further cause of action survives in the matter.
6. The instant writ petition is accordingly dismissed. September 4, 2025 Rameez WRIB No. 3304 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad