Court No. - 52

Case :- WRIT - B No. - 1425 of 2022

Petitioner :- Mohd. Naim

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Shami Ullah

Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

Hon'ble Dinesh Pathak,J.

Instant writ petition has been filed, inter alia, for the following

relief:-

"Issue, a writ, order of direction in the nature of Certiorari

quashing the impugned order dated 31.01.2020, passed by

respondent no. 3 as well as the order dated 22.04.2022, passed

by respondent no. 2 in Appeal No. 1280/1468, under Section

22(1) of the Consolidation of Holding Act (Mohd. Naim Vs.

State) (as contained Annexure Nos. 3 & 6 to the writ petition)."

Record reveals that Consolidation Officer has passed the order

dated 31.01.2020 under Section 9A(2) of U.P. Consolidation of

Holdings Act (in brevity "U.P.C.H. Act"). Assailing the

aforesaid order present petitioner has preferred an appeal under

Section 11(1) of U.P.C.H. Act, being Appeal No. 1280/1468

(Mohd. Naim vs. State). Aforesaid appeal was dismissed by the

impugned order dated 22.04.2022. Having being aggrieved

against the aforesaid order instant petition has been filed.

Learned Standing Counsel contended that the order passed by

the Settlement Officer of Consolidation is revisable before the

Deputy Director of Consolidation under Section 48 of U.P. C.H.

Act, therefore, instant petition may be dismissed on the ground

of availability of alternative remedy to the petitioner to file

revision before the Deputy Director of Consolidation.

I do agree with the contention raised by the learned Standing

Counsel. The order passed by the Settlement Officer of

Consolidation under Section 11(1) of U.P. C.H. Act is revisable

before the Deputy Director of Consolidation under Section 48

of U.P. C.H. Act.

Accordingly, instant writ petition is dismissed on the ground of

availability of alternative remedy to file revision under Section

48 of U.P.C.H. Act.

Order Date :- 5.9.2022

Pkb/

Digitally signed by PRAMOD

KUMAR BAJPAI

Date: 2022.09.06 11:00:18 IST

Reason:

Location: High Court of Judicature at

Allahabad