Braj Kishor vs State Of U.P. And 2 Others
2023 Latest Caselaw 10532 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 913 of 2023
 

 
Petitioner :- Braj Kishor
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Indra Pal Singh Rajpoot,Hari Shanker Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Sri Hari Shanker Singh / Sri Indra Pal Singh counsel for the petitioner and the learned standing counsel for the state-respondent.

Learned counsel for the petitioner is permitted to implead the District Deputy Director of Consolidation, Mahoba as respondent no.4 to the writ petition during the course of the day.

The instant writ petition has been filed, seeking a writ of mandamus, commanding respondent no.2/Consolidation Commissioner, U.P., Lucknow to initiate consolidation scheme in the village Bhatewra, Pargana & Tehsil Charkhari, District Mahoba in pursuance of the judgment and order dated 10.4.2015 passed by this court in Writ B No.17916 of 2015 (Ram Sewak vs. State of U.P. and Others), within the stipulated time.

Counsel for the petitioner submitted that while deciding Writ B No.17916/2015 vide judgment and order dated 10.4.2015, the order of the Consolidation Commissioner dated 30.11.2012 has been set aside and the District Deputy Director of Consolidation was directed to initiate fresh consolidation scheme in pursuance of the order dated 24.2.2020 but no steps have been taken in pursuance of the final order of this Court. He further submitted that although the judgment and order dated 10.4.2015 has not been stayed / recalled / modified by any court even then the authorities have not initiated the proceeding. It is further submitted that this Court has rejected the review application filed by the State against the final judgment and order dated 10.4.2015 today itself, appropriate direction be issued to the authorities concerned to initiate fresh consolidation scheme in the village in question in pursuance of the order dated 24.2.2020.

In view of the facts and circumstances of the case, this petition is disposed of with the direction to respondent no.4/District Deputy Director of Consolidation, Mahoba to initiate fresh consolidation scheme forthwith, in pursuance of the order dated 24.2.2020 and conclude the same, expeditiously.

Order Date :- 10.4.2023

C.Prakash