Ambay Sahay and Others Vs Deputy Director of Consolidation, Sultanpur and Others — Allahabad HC (2025) — LawSathi Research

Ambay Sahay and Others Vs Deputy Director of Consolidation, Sultanpur and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty, as prayed for; Office directed to return certified copies of the documents annexed with the petition to learned counsel for the petitioners as per relevant Rules; learned counsel for the petitioners to provide a copy of the petition to Shri Raghaw Ram Upadhyay, learned counsel for private opposite party no.24.

Issue for consideration

Whether the writ petition challenging the consolidation orders dated 24.02.2025, 15.04.2021 and 01.01.2019 should be permitted to be withdrawn, with liberty to the petitioners to file a fresh petition with proper pleadings and supporting documents.

Ratio / Principle

The writ petition is dismissed as withdrawn, with liberty to the petitioners to file a fresh petition with proper pleadings and documents in support thereof, as prayed for and unopposed.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (WRIT - B No. 393 of 2025, Neutral Citation 2025:AHC-LKO:25089, Saurabh Lavania, J.; Order Date 1.5.2025). Ambay Sahay and others filed a writ petition seeking (i) certiorari to quash the order dated 24.02.2025 of the Deputy Director of Consolidation, Sultanpur in Revision No. 478/2025 (Computerized Case No. 202454046800002679), the order dated 15.04.2021 of the Settlement Officer of Consolidation, Sultanpur in Appeal No. 1232/20-21, and the order dated 01.01.2019 of the Consolidation Officer, Sadar in Case No. 693/18-19, and (ii) mandamus that the impugned orders not be given effect to during pendency. After arguing the matter at some length, counsel for the petitioners sought withdrawal of the petition with liberty to file a fresh petition with proper pleadings and supporting documents; the prayer was unopposed. The Court dismissed the petition as withdrawn with liberty as prayed, directed the Office to return certified copies of the annexed documents to the petitioners' counsel as per relevant Rules, and directed the petitioners' counsel to provide a copy of the petition to Shri Raghaw Ram Upadhyay, counsel for private opposite party no. 24. No aspect of the consolidation dispute was adjudicated on merits.

Neutral Citation No. - 2025:AHC-LKO:25089

Court No. - 7

Case :- WRIT - B No. - 393 of 2025

Petitioner :- Ambay Sahay And Others Respondent :- Deputy Director Of Consolidation, Sultanpur And Others Counsel for Petitioner :- Raj Kumar Upadhyaya (R.K.Upadhyaya),Ravi Shanker Singh Counsel for Respondent :- C.S.C.,Raghaw Ram Upadhyay

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioners, Shri Raghaw Ram Upadhyay, learned counsel for private opposite party no.24, Shri Hemant Kumar Pandey, learned State Counsel and perused the material available on record.

This petition has been filed for the following main relief:-

"(i) to issue a writ, order or direction in the nature of Certiorari quashing the impugned orders dated 24.02.2025 passed by the Deputy Director Consolidation, Sultanpur in Revision No.478/2025 (Computerized Case No.202454046800002679) (Ambe Sahsay and others Vs. Shrawan Kumar and others), order dated 15.04.2021 passed by the Settlement Officer Consolidation Sultanpur, in Appeal No.1232/20-21, and order dated 01.01.2019 passed by the Consolidation Officer, Sadar, in Case No.693/18-19 as contained in Annexure No.1, 2 & 3 respectively to this writ petition.

(ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the impugned orders dated 24.02.2025, 15.04.2021 and 01.01.2019 as contained in Annexure No.1, 2 & 3 to this writ petition, during pendency of this case."

After arguing the matter at some length, learned counsel for the petitioners prays for withdrawal of this petition with liberty to the petitioners to file a fresh petition with proper pleadings and documents in support thereof.

The aforesaid has not been opposed.

In view of the above, the instant petition is dismissed as withdrawn with liberty, as prayed for.

Office is directed to return certified copies of the documents annexed with this petition to the learned counsel for the petitioners as per relevant Rules in this regard.

Learned counsel for the petitioners shall provide a copy of the petition to Shri Raghaw Ram Upadhyay, learned counsel for private opposite party no.24.

Order Date :- 1.5.2025

Anand/-

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