Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 7403 (ALL)

KAMLESH KUMAR AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIB/3839/2026 · 2026-09-16

Ashutosh Srivastava

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3839 of 2026 Court No. - 50 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Surendra Pal Gangwar, learned counsel for the petitioners, learned Standing Counsel for the State-respondents No. 1 to 3 and perused the record. The writ petition is being finally decided even without issuing notices to the private respondent Nos. 4 to 8. The writ petition has been filed questioning the legality, propriety and correctness of the orders dated 2.12.2025 and 17.7.2026 passed by the Deputy Director of Consolidation, Pilibhit, respondent No. 2 in case registered as Case No. RST/0195/2025, under Section 48(1) of CH Act as also order dated 5.6.2025 passed in Case No. 0040 of 2025 (Computerized Case No. 202554125600000040) (Vikas Dev versus Nanhey lal) under Section 48 (1) of CH Act. The challenge has also been laid to the order dated 25.10.2024 passed by the Settlement Officer of Consolidation, Pilibhit in Case No. 0208 of 2024, under Section 21 (2) of the CH Act. The writ petition relates to the allotment of chaks. From the materials brought on record, the petitioner No. 1, Kamlesh Kumar is the chak holder of Chak No. 149 while the petitioner No. 2, namely, Smt. Ram Kali is the chak holder of Chak No. 1018. An exparte order dated 5.6.2025 came to be passed against the petitioners by the Deputy Director of Consolidation, Pilibhit. Versus Counsel for Petitioner(s) : Surendra Pal Counsel for Respondent(s) : C.S.C. Kamlesh Kumar And Another .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) A restoration application dated 17.9.2025 was filed by the petitioners on which notices were issued to the parties concerned and vide order dated 2.12.2025, the restoration application was allowed and 9.7.2026 was fixed for final disposal. The petitioners were heard by the Deputy Director of Consolidation, Pilibhit. The Deputy Director of Consolidation, Pilibhit under the impugned order dated 17.7.2026 has recorded categorical findings that in the Chak No. 149 of the petitioner No. 1, an alternation of 6.85 paisa area 0.076 hectare has been made while in the Chak No. 1018 of the petitioner No. 2, an alteration of 2.69 paisa area 0.031 hectare has been done, which is minuscule and does not affect adversely the chak holders. Both the petitioners have been allotted chak over their original holdings contained in Plot Nos. 1192 and 1193. The Deputy Director of Consolidation, Pilibhit has also recorded categorical finding that the minuscule changes in the chak valuation and area of the petitioners have been done taking into consideration the provisions of Section 19 of the CH Act. The Deputy Director of Consolidation, Pilibhit has accordingly rejected the revision and maintained the earlier order dated 5.6.2025 in the wake of the findings recorded by the Deputy Director of Consolidation, Pilibhit in the impugned order. I find no substance in the submissions advanced by the learned counsel for the petitioners. The order of the Deputy Director of Consolidation, Pilibhit is in accordance with law, suffers from no infirmity, warranting any interference by this Court. The writ petition fails and is accordingly dismissed. September 17, 2026 Ravi Prakash WRIB No. 3839 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad