Braj Mohan vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 3207 ALL

Citation : 2021 Latest Caselaw 3207 ALL
Judgement Date : 8 March, 2021

Allahabad High Court

Braj Mohan vs State Of U.P. Thru. Prin. Secy. ... on 8 March, 2021

Bench: Sangeeta Chandra




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 5708 of 2021
 

 
Petitioner :- Braj Mohan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. & Others
 
Counsel for Petitioner :- Mahendra Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the parties and perused the record.

(2) This petition has been filed challenging the order dated 19.02.2020 and 25.01.2021 by which the application of the petitioner moved under Section 225-F has been rejected saying that the parties to the three cases are not the same.

(3) This Court has perused the Section 225-F which provides for Consolidation of cases it envisages that where more cases than one involving substantially the same question for determination and based on the same cause of action are pending for in different Courts, they shall, on application being made by any party to the Court to which all the Courts concerned are subordinate, be transferred and consolidated in one Court and decided by a Single Judgment. When two or more Suits or proceedings are pending in the same Court and the Court is of the opinion that it is expected that in the interest of justice which may by an order directs or to the joint prayer whereupon all such Suits or proceedings may be decided after taking the evidence in all such Suits for proceedings.

(4) This Court has perused the order impugned dated 19.02.2020, it finds that the case of the petitioner is covered under the Provisions of Section 225-F and has been wrongly rejected by the S.D.M.

(5) The petitioner being aggrieved by the order dated 19.02.2020 had approached the Additional Commissioner (Administration) in a Revision which has also been rejected on 25.01.2021 on the ground that the application for Consolidation of cases has been rightly rejected.

(6) The orders dated 19.02.2020 and 25.01.2021 are set aside. The matter is remitted back to the Opposite party no.3 to consider afresh the application moved by the petitioner on 19.10.2019.

(7) Sub Divisional Magistrate, concerned shall decide the application again as early as possible.

(8) Accordingly, this petition is partly allowed.

Order Date :- 8.3.2021

PAL