Amit Kumar Singh vs State Of U.P. And 6 Others
2023 Latest Caselaw 21439 ALL

Citation : 2023 Latest Caselaw 21439 ALL
Judgement Date : 9 August, 2023

Allahabad High Court

Amit Kumar Singh vs State Of U.P. And 6 Others on 9 August, 2023

Bench: Saurabh Shyam Shamshery





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160981
 
Court No. - 48
 

 
Case :- WRIT - B No. - 2683 of 2023
 

 
Petitioner :- Amit Kumar Singh
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Rajendra Pratap Singh
 
Counsel for Respondent :- C.S.C.,Rajesh Kumar Tiwari
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Present writ petition is filed to issue a writ order or direction in the nature of certiorari calling for the record and quashing the judgment/order dated 27.05.2023, passed by respondent no. 2, in Revision No. 1294, 1043/1205 in Computerized No. 2022531470000008, Pyare Lal Vs. Smt. Beena Singh and Others and Revision No. 1320, 1065/1231 in Computerized No. 2022531470000024, Ram Dular Vs. Smt. Beena Singh and others, filed under Section 48(1) of U.P. Consolidation and Holdings Act, 1953.

2. Sri Rakesh Pandey, learned Senior Counsel assisted by Sri Rajendra Pratap Singh has taken note of order of date passed in Writ B No. 59239 of 2007 submits that there are certain ambiguities in the impugned order which are graciously accepted by Sri Rajesh Kumar Tiwari, learned counsel for the respondents.

4. The Deputy Director of Consolidation has passed impugned order in a cursory manner and in operative part it has set aside the order dated 29.08.2018, which admittedly was already recalled on 23.10.2019, therefore, the impugned order is set aside and since in Writ B. No. 59239 of 2007 the matter has already been remitted back to the Settlement Officer, Consolidation and since the appeal is already pending before the Settlement Officer, Consolidation, present writ petition is disposed of with the following directions:

i. The matter is remitted back to the Settlement Officer, Consolidation to decide the appeal afresh after hearing the parties and after considering the rival submissions and evidence on record.

ii. The Settlement Officer, Consolidation shall decide the matter expeditiously within a period of 3 months from today, if there is no legal impediment.

iii. Since the matter has been remitted back, therefore, in case the parties disturb the nature of any part of the land in dispute, it will remain on their own risk.

Order Date :- 9.8.2023

Vandit