Disposed

Sheetla Baksh Singh v. Deputy Director of Consolidation District Gonda and 4 Others

Allahabad HC6 Sept 2024WRIB/908/2024

Case brief

AI extract

What is this about?

In a writ petition challenging a notice to appear for final submission in consolidation proceedings, this Court held it was not inclined to entertain the matter while the proceedings are pending before a coordinate Bench which had reserved pleas for adjudication.

What did the court decide?

Petition disposed of; leave to parties to raise contentions before the court concerned which shall decide accordingly.

Sheetla Baksh Singh vs Deputy Director of Consolidation… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:73448

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Court No. - 8

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Case :- WRIT - B No. - 908 of 2024

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Petitioner :- Sheetla Baksh Singh Respondent :- Deputy Director Of Consolidation District Gonda And 4 Others Counsel for Petitioner :- Govind Kumar Chourasia Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner. Notice on behalf of respondent nos. 1 has been accepted by the office of the learned Chief Standing Counsel. Sri Pankaj Gupta, learned counsel has accepted notice on behalf of respondent no. 5-Gaon Sabha.

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In view of the order proposed by the Court, notice to the private respondent nos. 2 to 5 is dispensed with.

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Under challenge is the order dated 20th August, 2024 whereby the Consolidation Officer has noticed that the parties to appear on 27.08.2024 for making their submissions so that the matter may be decided finally.

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The submission of learned counsel for the petitioner is that the private respondents are claiming rights on the basis of the order dated 10.11.1970. It is his contention that the said order is not available on record and despite having made an application for summoning the said order, no order has been passed to call for the said order and in absence thereof the respondents-authorities are attempting to decide the controversy which cannot be done.

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It is also urged that the petitioner had moved an application for raising preliminary objections and that has also not been considered.

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Having considered the aforesaid submissions and from the perusal of the aforesaid material, it appears that the private respondent no. 2 have earlier filed a petition before a coordinate Bench of this Court bearing W.P. No. 20285 (Consolidation) of 2019 (Rajkaran Singh Vs. Chief Revenue Officer and Others). The said writ petition came to be disposed of with certain directions vide judgment dated 25.07.2019, a copy of which has been brought on record as Annexure No. 3 to the present petition.

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The Coordinate Bench clearly observed that the Consolidation Officer shall conclude the proceedings under Rule 109-A of the Uttar Pradesh Consolidation of Holdings Act, 1953 pending before him and all pleas were left open including the plea to raise preliminary objections.

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Considering that the matter is still pending before the court concerned and the date fixed was 27.08.2024, thereafter it has not been indicated that what has been the current status except that the matter is pending, this Court at this stage is not inclined to entertain the present petition, however, leaving it open for the parties to raise all contentions before the court concerned and needless to say if the same is done, the court concerned shall consider and decide the same by a reasoned and speaking order dealing with the contentions of the respective parties.

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It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall consider and decide the same strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 6.11.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sheetla Baksh Singh v. Deputy Director of Consolidation District Gonda and 4 Others

Case brief

What is this about?

What did the court decide?

Sheetla Baksh Singh v. Deputy Director of Consolidation District Gonda and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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