Neutral Citation No. - 2023:AHC:186762

Court No. - 48

Case :- WRIT - B No. - 3377 of 2023

Petitioner :- Chauhan Kalicharan

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Kailash Nath Singh,Pramod Kumar

Yadav

Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Kailash Nath Singh, learned counsel for petitioner

and Sri Sanjay Kumar Ray, learned Standing Counsel.

2. In the present case, order passed by Consolidation Officer

under Section 109-A of U.P.C.H. Rules, 1954 is being

challenged directly before this Court without availing

alternative remedy available under the U.P.C.H. Act, 1953.

3. Learned counsel for the petitioner has placed reliance upon

judgment passed in Satgur Deen & Ors Vs. Deputy Director

of Consolidation & Ors, Consolidation No.18997 of 2017

decided on 21.8.2017 that writ petition would be maintainable

at the first instance against the order passed under Rule 109-A

of U.P.C.H. Rules, 1954.

4. Learned Standing Counsel has placed reliance upon

judgment of other co-ordinate Bench of this Court in Subba &

Ors Vs. Deputy Director of Consolidation, Ballia & Ors,

2008 (6) ADJ