PRATAP SINGH v. DEPUTY DIRECTOR OF CONSOLIDATION AND BULANDSHAHR 3 OTHERS
WRIB/3752/2025 · 2025-09-16
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95579 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3752 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Shri Subodh Kumar Rai, learned counsel for the petitioner submits that the impugned order dated 04.08.2021 passed by the Consolidation Officer in proceedings initiated under Section 42- A of the Consolidation of Holdings Act were beyond jurisdiction, inasmuch as, the proceedings were initiated after publication of the notification under Section 52 of the Consolidation of Holdings Act. The Deputy Director of Consolation, Bulandshahr in the impugned order dated 18.08.2025 did not redeem the aforesaid errors committed by the Consolidation Officer. Faced with this, Shri Avanish Kumar Pandey, learned counsel for the private respondent does not dispute the aforesaid proposition of law. He seeks leave to approach the competent authorities under Section 27(3) of the Consolidation of Holdings Act. Shri Ashish Nishad, learned Standing Counsel submits that the appropriate remedy for the petitioner is to approach the competent authority under Section 27(3) of the Consolidation of Holdings Act. Undisputedly the impugned order passed by the consolidation officer after the notification under Section 52 of the Consolidation of Holdings Act was issued. Since it is undisputed Versus Counsel for Petitioner(s) : Subodh Kumar Rai Counsel for Respondent(s) : Avanish Kumar Pandey, C.S.C. Pratap Singh .....Petitioner(s) Deputy Director Of Consolidation And Bulandshahr 3 Others .....Respondent(s)
that the petitioner has an alternative remedy under Section 27(3) of the Consolidation of Holdings Act, interest of justice will be served by remitting the petitioner to avail his remedy under Section 27(3) of the Consolidation of Holdings Act as per law. In the wake of preceding discussion, the impugned order dated 18.08.2025 passed by the Deputy Director of Consolidation Officer, Bulandshahr as well as impugned order dated 04.08.2021 passed by the Consolidation Officer (F.R.), Bulandshahr are quashed. It is open to the respondent No.3 to take out proceedings under Section 27(3) of the Consolidation of Holdings Act in accordance with law. In case such proceedings are filed, the same shall be processed expeditiously preferably within a period of six months by the competent authority. The writ petition is allowed. September 17, 2025 Ashish Tripathi WRIB No. 3752 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad