Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3404 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J.
1. In compliance of the order of this Court dated 28.08.2025, instruction sent by Sub Divisional Officer, Phoolpur, Prayagraj, placed by Mr. R. C. Srivastava, learned Additional Chief Standing Counsel for the State- respondents, is taken on record.
2. The instant petition has been filed for the following relief:
"(i). Issue writ, order or direction in the nature of mandamus directing the respondent Authotiry to conclude to the consolidation proceeding in Village Hetapatti and Dharampur Ghurwa, Tehsil-Phoolpur, Pargana- Sikandra, District-Prayagraj in the context of representation dated 02.05.2025 moved by the Petitioner/ villagers within specific period fixed by this Hon'ble Court. (ii). Issue writ, order or direction in the nature of mandamus directing the respondent authority to consider the grievance of the petitioner by deciding the application dated 02.05.2025 of the petitioner which is still pending."
3. This Court has entertained the matter on 28.08.2025 and passed the following order:
"1. Learned counsel for the petitioner submitted that the village in question has been notified under Section 4 of U.P.C.H. Act in the year 1992 but till date consolidation has not been concluded.
2. Mr. Shailesh Srivastava, learned Standing Counsel for the State- Versus Counsel for Petitioner(s) : Anil Kumar Bind, Samsher Bahadur Yadav Counsel for Respondent(s) : Azad Rai, C.S.C. Kamta Prasad .....Petitioner(s) State Of Up And 4 Others .....Respondent(s)
respondents shall obtain instruction about the status of the consolidation operation in the village in question.
3. Put up this case as fresh on 12.9.2025."
4. On the basis of the instruction, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents submitted that village in question has not been notified under Section 4 of the U.P.C.H. Act, as such prayer made in the instant petition cannot be entertained.
5. Considering the entire facts and circumstances of the case as well as fact mentioned in the instruction, the prayer made in the instant petition cannot be allowed in exercise of jurisdiction under Article 226 of the Constitution of India.
6. Writ petiton is misconceived and dismissed accordingly. September 12, 2025 PS*/Vandana WRIB No. 3404 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad