Citation : 2025 Latest Caselaw 6475 ALL
Judgement Date : 25 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:17034 Court No. - 7 Case :- WRIT - B No. - 266 of 2025 Petitioner :- Kashi Vishwanath Mahavidyalaya, Awadhpuri, Sultanpur Thru. Manager Respondent :- Deputy Director Of Consolidation, Sultanpur And Others Counsel for Petitioner :- Anoop Verma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
This petition has been filed for the following main relief:-
"(i) issue a writ, order or direction in the nature of Certiorari for quashing the impugned order dated 31.01.2025 passed by opposite party no. 1 contained as annexure no. 1 as well as the impugned order dated 14.11.2024 passed by the opposite party no. 2 contained as annexure no. 2 as the same have been passed in utter disregard of the settled principle of law.
(ii) issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 2 to decide the issue of the maintainability as raised by the petitioner before going into the merits of the case."
Considering the facts of the case as also the submissions advanced by the learned counsel for the parties including that first order in the consolidation proceeding was passed on 30.06.1982 in the proceedings instituted under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (in short 'Act 1953') and the same was set aside by the Settlement Officer, Consolidation, Sultanpur (in short 'SOC') vide order dated 28.01.1988, whereby interfered in the order of Consolidation Officer dated 30.06.1982 and remanded the matter back for deciding the claims of the parties on merits afresh, and the case is at the stage of final arguments, this Court is not inclined to accede with the prayer sought in the present petition, quoted above, and the present petition is disposed of with direction to the Consolidation Officer to conclude the proceedings within a period of one month from the date of production of a certified copy of this order by a reasoned and speaking order after taking note of the facts of the case as placed before this Court as also the law on the issue and also the judgment passed by the Apex Court in the case of U.P. State Sugar Corporation Vs. Deputy Director of Consolidation reported in AIR 2000 SC 878 as also the judgment passed by this Court in the case of Jai Prakash Singh Vs. Bachchu Lal & others, 2019 SCC Online Allahabad 3522, placed before this Court.
Order Date :- 25.3.2025
Anand/-
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