Sheshdhar Jaisawal Vs Consolidation Officer… — Writ and Judicial Review | Allahabad HC (2025)

Sheshdhar Jaisawal Vs Consolidation Officer… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an appropriate application detailing urgency before the court/authority concerned within two weeks, along with the order of this Court; upon such application being moved, the authority to consider and decide it within three weeks thereafter and, if urgency is made out, pass appropriate orders and proceed in accordance with law.

Issue for consideration

Whether the writ court, exercising jurisdiction under Article 227, should direct respondent no.1, the Consolidation Officer, Bhinga, District Shrawasti, to decide the petitioner's application under Rule 109A(2) U.P. Consolidation of Holdings Act dated 04.03.2025 ('Chhedi vs. Kamta Prasad') for Amal Daramad of the final order dated 24.02.2025 passed by DDC, Shrawasti in Case No.0020 of 2021, expeditiously.

Court's answer

The Court declined to interfere at this stage under Article 227 and instead granted the petitioner liberty to approach the court/authority concerned with an appropriate application detailing urgency, together with the order of this Court, within two weeks; if such an application is moved, the authority shall consider and decide it within three weeks thereafter and, if any case for urgency is made out, pass appropriate orders thereupon and proceed in accordance with law.

Ratio / Principle

The Court expressly did not examine the case of either party on merits, leaving the court/authority concerned free to decide the matter strictly in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Alok Mathur, J.) — Matters under Article 227 No. 4895 of 2025, decided 18.08.2025 — Petitioner sought a direction to the Consolidation Officer, Bhinga, District Shrawasti (respondent no.1) to decide his application under Rule 109A(2) U.P. Consolidation of Holdings Act dated 04.03.2025, 'Chhedi vs. Kamta Prasad', for Amal Daramad of the final order dated 24.02.2025 passed by DDC, Shrawasti in Case No.0020 of 2021, expeditiously. Held: the Court was not inclined to interfere at this stage under Article 227; notice on the private respondent no.2 was dispensed with; liberty was granted to the petitioner to move an appropriate application detailing urgency before the authority within two weeks along with the Court's order, failing nothing, the authority to decide such application within three weeks thereafter and, if urgency were made out, pass appropriate orders in accordance with law. The Court expressly refrained from examining the matter on merits; writ petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:48141

Court No. - 5

Case :- MATTERS UNDER ARTICLE 227 No. - 4895 of 2025

Petitioner :- Sheshdhar Jaisawal Respondent :- Consolidation Officer, Bhinga/ Rule 109, Shrawasti And Another Counsel for Petitioner :- Amitesh Pratap Singh,Gyanendra Singh Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State respondent no.1.

In light of the proposed order, notice to private respondent no.2 is dispensed with.

Instant petition has been filed by the petitioner praying for direction to the respondent No. 1 / Consolidation Officer, Bhinga, District Shrawasti, to decide the Application under Rule 109A (2) U.P. Consolidation of Holdings Act dated 04.03.2025, "Chhedi vs. Kamta Prasad" for Amal Daramad of final order dated 24.02.2025 passed by DDC, Shrawasti in Case No.0020 of 2021, expeditiously.

Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case respondent no. 1 / Consolidation Officer, Bhinga, District Shrawasti, considers and decides the aforesaid application in the time bound manner.

At this stage, this Court is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, liberty is granted to the petitioner to approach the court/ authority concerned and move an appropriate application detailing urgency for expeditious disposal of the Application under Rule 109A (2) U.P. Consolidation of Holdings Act dated 04.03.2025, "Chhedi vs. Kamta Prasad" for Amal Daramad of final order dated 24.02.2025 passed by DDC, Shrawasti in Case No.0020 of 2021, along with the order passed by this Court, within two weeks from today, and in case, if such an application is moved, the court/authority shall consider and decide the same within three weeks thereafter, and in case, any case for urgency is made out by the petitioners, it shall pass appropriate orders thereupon, and proceed in accordance with law.

It is made clear that this Court has not examined the case of either of the parties on merit and the court/authority concerned shall decide the matter strictly in accordance with law.

With above observations, the writ petition is disposed of .

[Alok Mathur,J.]

Order Date :- 18.8.2025 KR

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