Makbool Khan and Others vs Deputy Director of Consolidation, Bahraich and Others — Allahabad HC (2026) — LawSathi Research

Makbool Khan and Others vs Deputy Director of Consolidation, Bahraich and Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed in terms of the statement of learned Standing Counsel based on written instructions of the Settlement Officer (Consolidation), Bahraich; the order dated 29.03.2025 having been recalled, the entire order stands recalled in respect of all three revisions, including the petitioners' Revision No. 2018530815000062, which are thereby restored for decision.

Issue for consideration

Whether the writ petition deserves to be allowed in view of the statement of learned Standing Counsel, on the basis of instructions, that the Deputy Director of Consolidation has recalled his order dated 29.03.2025, whereby the matter has been restored and all the revisions (including the petitioners') can be decided.

Court's answer

Once the order dated 29.03.2025 stands recalled, the entire order stands recalled pertaining to all the three revisions, including the petitioners' Revision No. 2018530815000062 - Maqbool Khan and Others Vs. Forest Department.

Ratio / Principle

In light of the above, the present writ petition stands allowed in terms of the statement made by learned Standing Counsel on the basis of written instructions submitted by the Settlement Officer (Consolidation), Bahraich.

Detailed headnote1 paragraphs

Writ - B No. 1107 of 2025 (Allahabad High Court, Lucknow Bench; Alok Mathur, J.; decision dated January 16, 2026) — Makbool Khan and Others v. Deputy Director of Consolidation, Bahraich and Others. The petitioners' Revision No. 2018530815000062 (Maqbool Khan and Others v. Forest Department), preferred under Section 48 of the Consolidation of Holdings Act, had been disposed of by the revisional authority through its order dated 29.03.2025 passed in Revision No. 201853081500061 (Bhaggu and Others v. Forest Department), which was stated to apply equally to the petitioners' revision and Revision No. 201853081500090 (Ram Bali and Others v. Forest Department). During pendency of the writ petition, learned Standing Counsel, on written instructions of the Settlement Officer (Consolidation), Bahraich, stated that the Deputy Director of Consolidation had recalled his order dated 29.03.2025 and that the matter stood restored so that all revisions could be decided. The Court held that once the order dated 29.03.2025 stands recalled, the entire order stands recalled pertaining to all three revisions, including the petitioners', and allowed the writ petition in terms of the Standing Counsel's statement.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - B No. - 1107 of 2025

Makbool Khan And Others

.....Petitioner(s)

Versus

Deputy Director Of Consolidation, Others	Bahraich And .....Respondent(s)
Counsel for Petitioner(s)	: Ashish Raman Mishra
Counsel for Respondent(s)	: C.S.C.

Court No. - 5

HON'BLE ALOK MATHUR, J.

Heard Sri Ashish Raman Mishra, learned counsel for the petitioners as well as learned Standing Counsel for the respondents. Instructions received from Settlement Officer (Consolidation), Bahraich are taken on record.

On the previous occasion following order was passed :-

“ 1. Heard Sri Ashish Raman Mishra, learned counsel for the petitioners as well as learned Standing Counsel for the State respondents.

2. Learned Standing Counsel on the basis of instructions has submitted that in similar connected writ petition the Deputy Director of Consolidation has recalled his order dated 29.03.2025 and submits that said order would cover the case of the petitioners also and now that the matter has been restored, all the revisions can be decided.

3. Aforesaid fact is contested by learned counsel for the petitioners who prays for two days time to verify the aforesaid fact.

4. List this case on 15.01.2026, in top ten cases.

5. Interim order granted earlier to continue till the next date of listing. ”

Learned counsel for the petitioners has submitted that Revision No. 2018530815000062 - Maqbool Khan and Others Vs. Forest Department was preferred by the petitioners under Section 48 of the Consolidation of Holdings Act. The revisional authority proceeded to decide Revision No. 201853081500061 - Bhaggu and Others Vs. Forest Department and stated that same order would be applicable on the other two revisions namely Revision No. 2018530815000062 - Maqbool Khan and Others Vs. Forest Department and Revision No. 201853081500090 - Ram Bali and Others Vs. Forest Department.

WRIB No. 1107 of 2025

2

Accordingly, in the light of the above, once order dated 29.03.2025, stands recalled then the entire order stands recalled pertaining to all the three revisions including revision of the petitioners being Revision No. 2018530815000062 - Maqbool Khan and Others Vs. Forest Department.

In the light of above, present writ petition stands allowed , in terms of the statement made by learned Standing Counsel on the basis of written instructions submitted by the Settlement Officer (Consolidation), Bahraich.

(Alok Mathur,J.)

January 16, 2026

A. Verma

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench