CHAMPA DEVI SINCE DECEASED AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - B No. - 2266 of 2025

Champa Devi Since Deceased And Another
                                                             .....Petitioner(s)
                                    Versus

State Of U.P. And 4 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)             :   Dhananjay Kumar Mishra
Counsel for Respondent(s)             :   C.S.C., Kailash Nath Singh

Court No. - 54
                 HON'BLE CHANDRA KUMAR RAI, J.

1. Heard Mr. Dhananjay Kumar Mishra, learned counsel for the
petitioners, Sri Kailash Nath Singh, learned counsel for the private
respondents and Sri Anjani Kumar Chaurasi, learned Addl. C.S.C.
for the state-respondents.

2. The instant writ petition has been filed for the following reliefs:-

     (i) Issue a writ, order or direction in the nature of Mandamus,
     commanding the respondent no.2 to record the statement of
     primary witnesses, i.e., marginal witness as well as sale deed
     writer firstly, thereafter, record the statement of secondary
     witness.

     (ii) Issue a writ, order or direction in the nature of Mandamus,
     commanding the respondent no.2 to decide the application of
     the petitioner no.2 dated 6.5.2025 which is pending before the
     Respondent no.2 in Suit No.178 of 2021 (computerized case
     no.202154143658040178)         (Dukhna   vs.   Shambu     Narayan),
     under Section 12 of the U.P. C.H. Act, 1953, expeditiously,
     within a stipulated period."

3. This Court directed the learned standing counsel to obtain
instructions in the matter.

4. In compliance of the order of this Court, instructions dated
15.11.2025 sent by the Consolidation Officer, Sadar, Jaunpur is
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already on record of the writ petition.

5. Learned counsel for the petitioners submitted that respondent
no.2/Consolidation Officer is not proceeding in accordance with law
under Section 12 of the U.P. Consolidation of Holdings Act, 1953
(hereinafter referred to as the "U.P. C.H. Act"), as such, necessary
direction be issued to respondent no.2 to record the statement of
primary witnesses first and thereafter secondary witnesses. He
submitted that the application dated 6.5.2025 to this effect, has
been filed on behalf of the petitioners before the Consolidation
Officer but no order has been passed over the same, as such,
respondent no.2 be directed to consider the petitioners' application
dated 6.5.2025 and proceed in accordance with law.

6. On the other hand, learned counsel for the private respondents
and the learned standing counsel for the State submitted that this
Court in Writ B No.2239 of 2024, filed by respondent no.4-Chhote
Lal, directed the Consolidation Officer vide order dated 3.7.2024 to
decide the proceeding under Section 12 of the U.P. C.H. Act within
3 months. They submitted that due to transfer application filed by
the petitioners, the proceeding before the Consolidation Officer is
held up. They also submitted that the Consolidation Officer after
hearing the parties, reserved the order on 30.9.2025 but due to
pendency of the transfer application before the Settlement Officer
of Consolidation, the order could not be delivered by the
Consolidation Officer. They further submitted that the petitioners
have filed a transfer application on 6.5.2025 to transfer the
proceeding of Section 12 of the U.P. C.H. Act to any other court
which is pending before the Settlement Officer of Consolidation, as
such, final order could not be passed by the Consolidation Officer.
They submitted that the petitioners are misusing the process of
law, as such, the writ petition should be dismissed.

7. I have considered the arguments advanced by learned counsel
for the parties and perused the records.

8. There is no dispute about the fact that proceeding under Section
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                                    12 of the U.P. C.H. Act was ordered to be decided within a period
                                    of 3 months under the order of this Court dated 3.7.2024 passed in
                                    Writ B No.2239/2024. There is also no dispute about the fact that
                                    no final order has been passed by the Consolidation Officer in the
                                    proceeding under Section 12 of the U.P. C.H. Act.

                                    9. Considering the fact that this Court has already directed the
                                    Consolidation Officer to decide the proceeding under Section 12 of
                                    the U.P. C.H. Act within a period of 3 months, as such, prayer
                                    made in the instant writ petition to direct the Consolidation Officer
                                    to record the statement of primary witnesses first and secondary
                                    witnesses thereafter, cannot be accepted by this Court.

                                    10. It is also material to mention that the petitioners have
                                    themselves filed a transfer application before the Settlement
                                    Officer of Consolidation in order to frustrate the direction dated
                                    3.7.2024 issued by this Court to decide the proceeding under
                                    Section 12 of the U.P. C.H. Act.

                                    11. Considering the entire facts and circumstances of the case, no
                                    interference is required in the matter.

                                    12. The writ petition is dismissed.

                                    May 4, 2026
                                    C.Prakash

                                                                                (Chandra Kumar Rai,J.)




Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad