Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2683 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J.
1. Heard Sri Ram Raj Prajapati, learned counsel for the petitioner, learned standing counsel for respondent Nos. 1 to 3. 2. The present petition has been filed seeking a direction to the Consolidation Officer to decide the objection filed by the petitioner in proceedings under Section 12 of the UP Consolidation of Holdings Act, 1953 (hereinafter referred to 'CH Act') initiated at the instance of the respondent No.4. 3. The learned counsel for the petitioner states that as he has filed his objection raising the maintainability of the application, therefore his objections should be disposed of at the preliminary stage before deciding the case registered under Section 12 of the CH Act. 4. I have heard the submissions made by learned counsel for the parties and perused the record. 5. It is evident from the contention raised by learned counsel for the petitioner that he wants his objection to be decided regarding the maintainability of the case registered under Section 12 of the Act filed by respondent No.4. 6. Once his objection is allowed, the entire case will be decided finally. Therefore, the prayer of the petitioner to consider his objection by framing a preliminary issue appears to be misconceived in view of the fact that while deciding the case itself his objections can be considered Versus Counsel for Petitioner(s) : Bhagyawati Verma, Ram Raj Prajapati Counsel for Respondent(s) : C.S.C. Parasnath .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
and a common order can be passed. 7. In view of the aforesaid, no direction is required to be issued to the Consolidation Officer as prayed by the learned counsel for the petitioner in the present petition. 8. As the objection of the petitioner regarding the maintainability and merits of the case are already pending in the case registered under section 12(5) of C.H. Act by respondent No.4, it is expected by the Consolidation Officer to decide the same in accordance with law after hearing the petitioner and considering his objection filed in it. 9.
In view of the aforesaid, the present writ petition is disposed of with the direction to respondent No.3 to decide the case pending before him in accordance with under section 12 of the CH Act in accordance with law after hearing the petitioner and considering his objection within a period of three months from the date of production of a certified copy of this order. September 18, 2026 Kumar Manish WRIB No. 2683 of 2026 2 (Arun Kumar,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad