Disposed

Shiv Kumar Singh v. State of U.P. Thru. Collector/ Ziladhikari Ayodhya and Others

Allahabad HC15 Oct 2024/959/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking revenue entries for the petitioner. The court directed the District Collector to decide a pending transfer application within three weeks, allowing the Consolidation Officer to pass a final order on the implementation application thereafter.

What did the court decide?

Direction to District Collector/District Magistrate to decide the pending transfer application within three weeks and the Consolidation Officer to pass a final order within four weeks thereafter.

Shiv Kumar Singh Vs State of U.P. Thru. Collector/… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69399

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Court No. - 19

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Case :- WRIT - B No. - 959 of 2024

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Petitioner :- Shiv Kumar Singh Respondent :- State Of U.P. Thru. Collector/ Ziladhikari Ayodhya And Others

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Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Anish Kumar Gupta,J.

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Heard Shri Ajay Kumar Pandey, learned counsel for the petitioner, Shri Mohan Singh, learned counsel for respondent No.3- Gram Panchayat, Shri Uma Kant Dixit, learned Standing Counsel for the State-respondents and Shri Narendra Bahadur Singh, learned counsel, who has filed his Vakalatnama on behalf of respondent Nos.4 to 6 in the Registry today.

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Vide order dated 27.07.2024, the Consolidation Officer, Milkipur-II, Ayodhya has recorded the name of Ganga Bux Singh in place of Smt. Indrapati, widow of Brijraj Singh and after the death of said Ganga Bux Singh, the name of the petitioner has been recorded on the basis of the Will dated 21.03.1990 in the revenue records. The aforesaid order has been challenged in an appeal filed by respondent Nos.4 to 6 before the Settlement Officer of Consolidation, Ayodhya which is pending. In the meantime, the petitioner has moved an application under Section 109-A of U.P.C.H. Rules, 1954 for implementation of the order dated 27.07.2024, so that the necessary entries be made in favour of the petitioner. Respondent Nos.4 to 6 have also moved an application for transfer of the said application under Section 109-A of U.P.C.H. Rules which was filed by the petitioner, which is pending.

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Therefore, the only grievance of the petitioner herein is that in terms of the order dated 27.07.2024 the entry may be made in

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the revenue records after concluding the application under Section 109-A.

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In pursuance of the order dated 24.09.2024 passed by this Court, the instructions have been received, which are taken on record.

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It has been stated, on the basis of the instructions, that since the transfer application is pending against the application under Section 109-A of U.P.C.H. Rules, 1954, therefore, the Consolidation Officer is unable to pass any appropriate order.

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In view thereof, the instant writ petition is disposed of with a direction to District Collector/District Magistrate, Ayodhya to decide the transfer application filed by respondent Nos.4 to 6 within a period of three weeks from the date of production of a certified copy of this order, thereupon the Consolidation Officer shall pass final order on the application under Section 109-A U.P.C.H. Rules, 1954 within a period of four weeks thereafter. However, any entries made in pursuance of the order passed by the Consolidation Officer, shall be subject to the result of the appeal, which has been preferred by respondent Nos.4 to 6. The parties undertake that they will not seek any unnecessary adjournment in the pending applications.

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With the aforesaid observations, the writ petition is finally disposed of .

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Order Date :- 15.10.2024 Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Shiv Kumar Singh v. State of U.P. Thru. Collector/ Ziladhikari Ayodhya and Others

Case brief

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Shiv Kumar Singh v. State of U.P. Thru. Collector/ Ziladhikari Ayodhya and Others

Case brief

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