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 considerati