Gulab Singh and Another vs Deputy Director of Consolidation Bahraich and 3 Others — Allahabad HC (2025) — LawSathi Research

Gulab Singh and Another vs Deputy Director of Consolidation Bahraich and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: counter affidavit by respondents within four weeks, rejoinder affidavit within three weeks, matter listed on 13.8.2025; operation of the impugned order dated 29.5.2025 passed by the Deputy Director Consolidation, Bahraich in case No.0487/2023, computerized case No.202354081500000487 (Anil Kumar Vs. Gulab Singh and others) stayed till the next date of listing. Petition itself pending consideration.

Issue for consideration

Whether the impugned order dated 29.5.2025 of the Deputy Director of Consolidation, allowing the revision preferred by opposite party No.4 and remanding the matter to the Consolidation Officer, was justified, given that no material or document was annexed to the revision and Rajendra Singh himself did not appear to substantiate the claim that he is still alive.

Court's answer

Interim prima facie view: the Consolidation Officer's order could be interfered with only where some error or illegality appears therein, and mere oral assessment that Rajendra Singh is alive would not itself suffice to interfere with that order; on this basis the Court held that the present matter requires consideration.

Ratio / Principle

Operation of the impugned order dated 29.5.2025 passed by the Deputy Director of Consolidation, Bahraich in case No.0487/2023 shall remain stayed till the next date of listing (13.8.2025).

Detailed headnote1 paragraphs

Consolidation of Holdings - Uttar Pradesh - WRIT - B No. 578 of 2025 (Allahabad HC, Lucknow Bench, Alok Mathur, J.; order dated 2.7.2025; Neutral Citation 2025:AHC-LKO:37260) - interim order. Petitioners challenge the Deputy Director of Consolidation's order dated 29.5.2025 allowing opposite party No.4 Anil Kumar's revision under Section 48 of the C.H. Act and remanding the matter to the Consolidation Officer, whose earlier order dated 18.9.2015 had allowed the petitioners' Section 9A(2) objection and directed mutation of Gurubhej Singh's name. Sole contention of opposite party No.4: predecessor-in-interest Rajendra Singh is still alive. Court's prima facie view: the Consolidation Officer's order could be interfered with only upon some error or illegality, and mere oral assessment that Rajendra Singh is alive - unsupported by any material or document and without his appearance in the proceedings - would not itself suffice; matter requires consideration. Counter affidavit (four weeks), rejoinder (three weeks), listing 13.8.2025; operation of the impugned order stayed till then.

Neutral Citation No. - 2025:AHC-LKO:37260

Court No. - 6

Case :- WRIT - B No. - 578 of 2025

Petitioner :- Gulab Singh And Another Respondent :- Deputy Director Of Consolidation Bahraich And 3 Others Counsel for Petitioner :- Chandan Srivastava,Abhishek Pratap Singh,Anil Kumar Verma,Viresh Pratap Singh Counsel for Respondent :- C.S.C.,Afzal Hasan

Hon'ble Alok Mathur,J.

Heard Sri Chandan Srivastava on behalf of the petitioners, learned Standing counsel on behalf of State - respondent Nos. 1, 2 and 3 and Sri Afzal Hasan who has appeared as a caveator on behalf of opposite party No.4.

The petitioner in the present petition has challenged validity of the order passed by Deputy Director of Consolidation dated 29.5.2025 wherein he has allowed the revision preferred by opposite party No.4 and remanded the matter back for fresh consideration before the Consolidation Officer.

It has been submitted that Rajendra Singh was predecessorin-interest of the petitioner and was real nephew of father of the petitioners, namely Sri Gurubhej Singh. The petitioner had moved his objection under Section 9 A (2) of U. P. Consolidation of Holdings Act and after duly examining the contentions of the petitioner the Consolidation Officer by means of order dated 18.9.2015 allowed the application of the petitioner and directed the authorities to mutate the name of father of the petitioner namely Gurubhej Singh. It is in aforesaid circumstances that one application for recall came up to be filed by one Anil Kumar- opposite party No.4 before the Consolidation Officer. It is stated that during pendendy of the said application he preferred a revision before Deputy Director of Consolation under Section 48 of C.H. Act which has been allowed by the impugned order.

The only contention raised on behalf of opposite party No.4 in his application for recall before the Consolidation Officer as well as Deputy Director of Consolidation is that Rajendra Singh is still alive and succession of the property of Rajendra Singh does not arise till such time he is alive. A perusal of the impugned order indicates that only assessment was made with regard to existence of Rajendra Singh being alive and no materiel or document was annexed with the said revision nor Rajendra Singh himself appeared in the said proceedings which may indicate that Rajendra Singh is still alive. It is in aforesaid

circumstances that the revision has been allowed and the matter has been remanded back. A perusal of the order indicates that the revisional order of Consolidation Officer could be interfered with only when it could appear that there is some error or illegality in the same and merely because oral assessment has been made with regard to existence of Rajendra Singh, prima facie, would not itself suffice to interfere with the order of Consolidation Officer. Accordingly, the present matter requires consideration.

Let counter affidavit be filed by the respondents within four weeks. Rejoinder affidavit may be filed within three weeks.

List on 13.8.2025.

Till the next date of listing, operation of the impugned order dated 29.5.2025 passed by Deputy Director Consolidation, Bahraich in case No.0487/2023, computerized case No.202354081500000487 ( Anil Kumar Vs. Gulab Singh and others ) shall remain stayed.

(Alok Mathur, J.)

Order Date :- 2.7.2025 RKM.

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