Court No. - 5

Case :- WRIT - B No. - 68 of 2023

Petitioner :- Jai Shri

Respondent :- State Of U.P. And 6 Others

Counsel for Petitioner :- Kailash Nath Singh

Counsel for Respondent :- C.S.C.

Hon'ble Dinesh Pathak,J.

Heard learned counsel for the petitioner, learned standing

counsel representing respondents No. 1 and 2 and perused

the record.

The petitioner has filed the instant writ petition with a

prayer to restrain the Consolidation Officer to proceed

with the case No. 17 (Indrajeet Vs. State) under Rule 109A

of UP Consolidation of Holdings Rules (in short, 'UPCH

Rules') inasmuch as the order dated 15.12.1998 passed by

the Consolidation Officer, which has been sought to be

implemented in application under Rule 109A of the UPCH

Rules, has already been assailed in appeal before the

Settlement Officer of Consolidation, who has passed the

order dated 4.1.2022 staying the further proceedings of

application under Rule 109A of UPCH Rules.

Learned standing counsel has contended that the grievance

of the petitioner can more appropriately be redressed by

the Consolidation Officer concerned before whom

application under Rule 109A of the UPCH Rules is

pending consideration.

In this conspectus, as above, no useful purpose would be

served to keep this matter pending, therefore, this Court

deems it appropriate to finally dispose of the present writ

petition, without making any observation on the merits of

the case as mentioned in the present writ petition, with a

liberty to the petitioner to file an objection/application

before the Consolidation Officer in the application under

Rule 109A of UPCH Rules on the basis of the order dated

4.1.2022 passed by the Settlement Officer of

Consolidation, who shall consider and decide the same in

accordance with law.

It is expected that it should be decided by a reasoned and

speaking order, in accordance with law, after affording

opportunity of hearing to the parties concerned without

granting unnecessary adjournments to either of the parties.

With the aforesaid direction, present writ petition is

disposed of.

Order Date :- 20.1.2023

vinay

Digitally signed by :-

VINAY KUMAR

High Court of Judicature at Allahabad