Sohan Lal vs Deputy Director of Consolidation, Hardoi and Others — Allahabad HC (2025) — LawSathi Research

Sohan Lal vs Deputy Director of Consolidation, Hardoi and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the writ of certiorari sought by the petitioner should issue to quash the order dated 24.09.2025 passed by the Deputy Director of Consolidation, Hardoi in case no.0104/2025 under section 48(1) of U.P. Consolidation of Holding Act. +1 more

Court's answer

This court does not find any illegality in the impugned order passed by the Deputy Director of Consolidation, Hardoi, which took into account the serious dispute of title and remanded the matter to the Consolidation Officer to decide afresh on merit.

Ratio / Principle

Notwithstanding the rejection of respondent no.2's case on the ground of laches by the Consolidation Officer and the Settlement Officer of Consolidation, there is a serious dispute of title which requires adjudication and it cannot be rejected merely on the ground of delay.

Key takeaways

Observation recorded while disposing of the petition: the concerned Consolidation Officer will decide the case in pursuance of the order dated 24.09.2025 expeditiously, without being influenced by the observations made by the Deputy Director of Consolidation.obiter¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Hon'ble Arun Kumar Singh Deshwal, J.; WRIT - B No. 1164 of 2025 (Sohan Lal v. Deputy Director Of Consolidation, Hardoi And Others; decided December 2, 2025). The petitioner sought certiorari to quash the order dated 24.09.2025 of the Deputy Director of Consolidation, Hardoi in case no.0104/2025 under section 48(1) of U.P. Consolidation of Holding Act, whereby respondent no.2's revision was allowed and the matter remanded to the Consolidation Officer to decide on merit within three months. Procedural history: petitioner's name mutated for gata no.577 on 29.03.1992; respondent no.2's objection of 03.08.2009 rejected by the Consolidation Officer on 20.07.2017 on the ground of laches; appeal before the Settlement Officer of Consolidation dismissed on 17.12.2024. Holding of this court: there is a serious dispute of title which requires to be adjudicated and the case cannot be rejected merely on the ground of delay; accordingly, no illegality is found in the impugned remand order. Petition disposed of, with an observation that the Consolidation Officer decide in pursuance of the order dated 24.09.2025 expeditiously, without being influenced by the observations made by the Deputy Director of Consolidation. No monetary quantum involved.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - B No. - 1164 of 2025

Sohan Lal

.....Petitioner(s)

Versus

Deputy Director Of Consolidation, Hardoi And Others

.....Respondent(s)

Counsel for Petitioner(s) : Karunakar Srivastava, Shiv Sinha
Counsel for Respondent(s) : C.S.C.

Court No. - 22

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Karunakar Srivastava, learned counsel for the petitioner and Sri Tek Singh, learned Standing Counsel for the State.

2. Present petition has been filed for the following relief:

"Issue a writ, order or direction in the nature of 'Certiorari' to quash the order dated 24.09.2025 passed by learned Deputy Director of Consolidation, Hardoi, DistrictHardoi in case no.0104/2025, Mahaveer Vs. Sohan Lal under section 48(1) of U.P. Consolidation of Holding Act, contained as Annexure No. 1, with this writ petition."

Contention of learned counsel for the petitioner is that name of the petitioner was mutated in the revenue record regarding gata no.577 on 29.03.1992. Thereafter, objection was filed by the respondent no.2 on 03.08.2009 which was rejected by the Consolidation Officer on 20.07.2017 on the ground of laches. Thereafter, appeal was preferred by the respondent no.2 before the Settlement Officer of Consolidation which was also dismissed on 17.12.2024. Thereafter, revision was preferred against the order dated 17.12.2024 before the Deputy Director of Consolidation, who allowed the same, on the ground that original tenure holder, Chaudhary son of Girdhari, who belongs to scheduled caste (caste-chamar) but the petitioner belongs to scheduled caste (dhobhi). Therefore, right should be adjudicated on the basis of merit and ignoring the delay and by allowing the revision by order dated 24.09.2025 remanded the same to the Consolidation Officer to decide the dispute on merit, within a period of three months. Learned counsel for the petitioner submitted that Deputy Director of Consolidation, Hardoi failed to consider that the objection was filed by the opposite party no.2 after considerable delay

WRIB No. 1164 of 2025

2

which is not permissible. Therefore, the order deserves to be set aside.

Per contra , learned Standing Counsel submitted that in the present case prima facie case of forgery is in mutation of the name, therefore, delay is not material, matter should have been decided on merit.

Considering the aforesaid submission and on perusal of record, it is not in dispute that Consolidation Officer, Settlement Officer of Consolidation has rejected the case of respondent no.2 on the ground of laches, though, there is a serious dispute of title which requires to be adjudicated and same cannot be rejected merely on the ground of delay. The Deputy Director of Consolidation by the impugned order taking into account these facts, remanded the matter to the Consolidation Officer to decide the same afresh on merit, within a period of three months.

Therefore, this court does not find any legality in the impugned order passed by the Deputy Director of Consolidation, Hardoi. However, it is observed that concerned Consolidation Officer will decide the case in pursuance of order dated 24.09.2025, expeditiously, without being influenced by the observation made by the Deputy Director of Consolidation.

With the aforesaid observation, present petition is disposed of .

December 2, 2025 S.C.

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench