Allowed

Kripa Shankar Gaur and 3 Others v. Deputy Director of Consolidation Unnao and 5 Others

Allahabad HC15 May 2025WRIB/691/2023

Case brief

AI extract

What is this about?

The court quashed orders transferring a consolidation case file based on vague allegations and directed the case to be transferred back to the original officer to conclude proceedings expeditiously.

What did the court decide?

Quashed orders dated 25.07.2023 and 28.02.2023; transferred case back to Consolidation Officer, Antim Abhilekh Unnao.

Kripa Shankar Gaur and 3 Others Vs Deputy Director of… — Landlord and Tenant | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:28695

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Court No. - 7

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Case :- WRIT - B No. - 691 of 2023 Petitioner :- Kripa Shankar Gaur And 3 Others Respondent :- Deputy Director Of Consolidation Unnao And 5 Others Counsel for Petitioner :- Anoop Srivastava Counsel for Respondent :- C.S.C.,Purusottam Awasthi

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Hon'ble Saurabh Lavania,J.

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Heard Shri Anoop Srivastava, learned Counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel for State-respondents, Shri Purusottam Awasthi, learned counsel for respondent no. 3 to 6.

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Instant petition has been filed seeking following main relief :-

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"Issue a Writ, direction or order in the nature of Certiorari quashing the Order dated 25/7/2023 passed by the Deputy Director of Consolidation, Unnao (opposite party no. 1) in the Revision No. 689/2023 "Kripa Shankar Gaur versus Shashwat Gaur" and the Order dated 28/2/2023 passed by the Settlement Officer of Consolidation, Unnao (opposite party no. 2) as contained in Annexure Nos. 1 & 2 to this Writ Petition."

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Vide order dated 25.07.2023 the respondent no. 1/Deputy Director of Consolidation, Unnao (in short "DDC") upheld the order dated 28.02.2023 passed by the respondent no. 2/Settlement Officer of Consolidation, Unnao (in short "SOC").

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The DDC, vide impugned order dated 25.07.2023, has decided the Revision No. 689/2023 (Kripashankar Gaur and Others Vs. Shaswant Gaur and Others) and Revision No. 779/2023 (Vivek Kumar Singh Vs. Shaswant Gaur and Others).

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The petitioner has also challenged the order dated 28.02.2023 passed by the SOC whereby the SOC allowed the Transfer Application No. 27/2023 (Shaswant Gaur and Others Vs. Chandrabhan Gaur and Others) preferred under Rule 65 under U.P. Consolidation of Holdings Rules, 1954 (in short "Rules of

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1954") framed under U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953").

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Vide order dated 28.02.2023, the Case No. 21/22/23 of 2022 (Binda Devi Vs. Mannalal) was transferred from Consolidation Officer, Antim Abhilekh Unnao to Consolidation Officer, Hasanganj, Unnao.

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Upon due consideration of the facts of the case as also the reasons for transfer indicated in impugned order(s) dated 25.07.2023 and 28.02.2023 as also the observations made by the Constitutional Courts in various pronouncements as also by this Court in WRIT - B No. - 472 of 2022 (Mithilesh Kumari And 2 Others Vs. Assistant Commissioner Consolidation,Indra Bhawan, Lko. And 6 Others) decided on 02.05.2025 , this Court finds that on vague allegations order of transfer of case was passed which is unsustainable in the eye of law as also per the statement of Standing Counsel that Consolidation Officer, Antim Abhilekh Unnao, who was in position at relevant pont of time has already been transferred, this Court is of the view that the instant petition is liable to be allowed. Accordingly, is allowed. The order impugned dated 25.07.2023 and 28.02.2023 (Annexure Nos.1 and 2) are hereby quashed.

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Case No. 21/22/23 of 2022 (Supra) is transferred back to the Court of Consolidation Officer, Antim Abhilekh Unnao, who is directed to proceed in the matter and conclude the proceedings, most expeditiously, say within a maximum period of three months from date of the receipt of certified copy of this order as according to the joint statement of learned counsel for the parties, the case is at the stage of arguments.

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Order Date :- 15.5.2025/Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Kripa Shankar Gaur and 3 Others v. Deputy Director of Consolidation Unnao and 5 Others

Case brief

What is this about?

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Kripa Shankar Gaur and 3 Others v. Deputy Director of Consolidation Unnao and 5 Others

Case brief

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What did the court decide?

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