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Bheem Raj Singh and 5 Others v. Additional District Magistrate Land and Revenue Deputy Director of Consolidation and 14 Others

Allahabad HC11 Jul 2024WRIB/2687/2024

Case brief

AI extract

What is this about?

Single judge dispose of writ petition challenging orders under land consolidation rules. Court affirms order denying stay on consolidation proceedings, directing application be subject to final adjudication of title.

What did the court decide?

Order dated 30.04.2024 affirmed; writ petition disposed of; application under Rule 109-A subordinated to final adjudication of title.

Bheem Raj Singh and 5 Others vs Additional District… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118515

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Court No. - 49

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Case :- WRIT - B No. - 2687 of 2024

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Petitioner :- Bheem Raj Singh And 5 Others Respondent :- Additional District Magistrate Land And Revenue Deputy Director Of Consolidation And 14 Others Counsel for Petitioner :- Mukul Yadav,Rajesh Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

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Instant writ petition has arisen from the proceeding under Rule 109-A of U.P. Consolidation of Holdings Rules, 1954. It has been pointed out by learned Standing Counsel that original proceeding under Section 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (in brevity 'U.P.C.H. Act') is still pending consideration before the Consolidation Officer in pursuance of the remand order dated 18.03.2023 passed by Settlement Officer of Consolidation, which has been affirmed by the Deputy Director of Consolidation vide order dated 30.04.2024. Writ petition filed on behalf of present petitioners assailing the orders dated 30.04.2024 and 18.03.2023 has been disposed of by this Court vide order dated 15.04.2024 with a direction to the Consolidation Officer to decide the objection in the light of the remand order dated 18.03.2023 passed by Settlement Officer of Consolidation, in accordance with law, within a period of five months from the date of production of certified copy of this order.

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Learned counsel for the petitioners submits that order dated 15.07.2024 passed by this Court in Writ-B No.2359/2024 has attained finality inasmuch as same has not been challenged before any court competent.

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In this conspectus, as above, no useful purpose would be served to keep the instant writ petition pending consideration. Therefore, same is being decided finally without entering into the merits of the case, with a direction that application under Rule 109-A of U.P.C.H. Rules shall be subject to the final adjudication of right and title of the parties in proceeding under Section 9-A(2) of U.P.C.H. Act. As such, order dated 30.04.2024 passed by the Deputy Director of Consolidation, which is under challenge before this Court, is hereby affirmed.

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With the aforesaid observation, this writ petition is finally disposed of.

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Order Date :- 24.7.2024 Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Bheem Raj Singh and 5 Others v. Additional District Magistrate Land and Revenue Deputy Director of Consolidation and 14 Others

Case brief

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Bheem Raj Singh and 5 Others v. Additional District Magistrate Land and Revenue Deputy Director of Consolidation and 14 Others

Case brief

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