Allahabad High Court
Dev Pal And 2 Others vs State Of U.P. And 3 Others on 17 November, 2025
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:204343
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3435 of 2025
Dev Pal And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Deepak Singh, Jitendra Singh
Counsel for Respondent(s)
:
C.S.C.
Court No. - 1
HON'BLE NEERAJ TIWARI, J.
1. Heard learned counsel for the petitioners and learned standing counsel for the respondents.
2. Present petition has been filed with following relief;
"A. Issue a writ order or direction in the nature of certiorari to quash the impugned orders dated 22.07.2024 passed by respondent no. 2 in case No. SA/27/2013-14 (Devpal Vs. state of U.P.), order dated 21.12.2013 passed by respondent no. 3 in Appeal No. 49/2011-12 (Dev Pal and others Vs. State of U.P.) and order dated 23.01.2012 passed by respondent no. 4 in case No. 40 of 2004-05 (Dev Pal and others Vs. State of U.P.) respectively."
3. Case was heard on 12.09.2025 and Court has passed the following order;
"In compliance with the order dated 29.08.2025, along with a supplementary affidavit, a certified copy of the order dated 23.01.2012 passed by the Sub Divisional Officer, Sadar, Muzaffarnagar in Suit No. 40/2004-05 has been annexed. Let the affidavit together with enclosed certified copy of the judgment and order dated 23.01.2012 passed by the Sub Divisional Officer be taken on record. The affidavit shall be numbered by the office.
Prima facie the consolidation proceedings were notified in village Rohana Khurd of Tehsil Sadar, District Muzaffarnagar vide Notification No. 2624/??0-610/2016-17 dated 14.05.2018 under Section 4-A(2) of the U.P. Consolidation of Holdings Act, 1953. The notification was cancelled without the consolidation proceedings running their full course vide Notification No. 4126/??0-364/??0/2024-25 dated 19.10.2024 issued under Section 6(1) of the Act of 1953. The plaintiff's suit for declaration of bhumidhari rights was dismissed by the Sub Divisional Officer, and, his appeal too dismissed by the Commissioner of the Division. The Second Appeal was abated by the impugned order passed by the Board of Revenue on ground that the village was under consolidation operations. The order impugned was passed by the Board on 22.07.2024 and the consolidation operations were cancelled in the village vide notification aforesaid under Section 6 on 19.10.2024. Thus on the date the Board of Revenue passed their order, abating the appeal there was prima facie no flaw in it.
The learned Standing Counsel shall seek instructions and disclose the stand about the petitioner's remedy now against the appellate decree and the Trial Court's.
Lay as fresh again on 24.09.2025. "
4. Again, case was taken up on 6.11.2025 and on that date proper instruction has not been obtained, therefore, Court has passed the following order;
"Heard learned counsel for the petitioners and Shri Ramesh Chandra Srivastava, learned Standing Counsel for the State-respondents.
Learned Standing Counsel has produced instruction dated 18.09.2025 and the same is taken on record.
From perusal of the instruction, it is apparently clear that query raised by the Court is not replied.
Learned Standing Counsel prays for and is granted ten days' further time to seek instructions in terms of order dated 12th September, 2025. He is further directed to seek written instruction as to whether pursuant to Notification No.2624/??0-610/2016-17 dated 14.05.2018, the consolidation proceedings has taken place or not.
List this case on 17th November, 2025 as fresh. "
5. Pursuant to order dated 6.11.2025, learned standing counsel has produced instruction dated 15.11.2025 along with reports of Consolidation Officer, Muzaffarnagar dated 15.11.2025, which is taken on record. As per instruction, village of petitioners has been separated from the consolidation proceedings.
6. In light of such facts, once the village of petitioners has been separated from the consolidation proceedings, therefore, orders so passed are not sustainable.
7. Accordingly, orders dated 22.07.2024, 21.12.2013 and 23.01.2012 passed by respondent nos. 2, 3 & 4 are hereby quashed.
8. Writ petition is allowed. Proceedings of Case No. 40 of 2004-05 (Dev Pal and others Vs. State of U.P.), under Section 229B of U.P.Z.A. & L.R. Act is restored and respondent no. 4- Sub Divisional Magistrate, Sadar, Muzaffarnagar is directed to decide the same in accordance with Rule expeditiously from the date of production of certified copy of this order after providing opportunity of hearing to all concerned.
(Neeraj Tiwari,J.)
November 17, 2025
Arvind
