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Allahabad High Court

DOODH NATH AND OTHERSversusASSTT. CONSOLIDATION OFFICER GKP. AND OTHERS

Decided

Holding

The writ petition was dismissed as infructuous because the Consolidation Officer’s final order under Section 9‑A(2) of the U.P. Consolidation of Holdings Act resolved the dispute.

Summary

Petitioners Doodh Nath and others filed a writ petition seeking certiorari to quash three orders dated 4‑Jan‑1997, 30‑Jul‑1999 and 31‑Dec‑1999 passed by the Consolidation Officer, and mandamus directing respondents not to disturb their peaceful possession of land (Araji No. 299). The High Court initially stayed any transfer of the disputed property and issued notices to additional respondents. On 16‑Jan‑2018 the Court clarified that its earlier stay would not impede the Consolidation Officer’s statutory proceedings and granted petitioners three weeks to file objections. The private respondents later produced the Consolidation Officer’s final order dated 5‑Jul‑2018, wherein the dispute was decided under Section 9‑A(2) of the Uttar Pradesh Consolidation of Holdings Act, rendering the writ petition moot. Accordingly, the Court dismissed the petition as infructuous and vacated its interim order.

Issues considered

  • Whether the orders passed by the Consolidation Officer can be quashed by a writ of certiorari.
  • Whether the respondents can be directed by mandamus to refrain from interfering with petitioners' possession of the disputed land.
  • Whether the filing of a final order by the Consolidation Officer under Section 9‑A(2) of the U.P. Consolidation of Holdings Act makes the writ petition infructuous.

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • Consolidation Officer
  • Section 9-A
  • infructuous
  • property dispute
  • peaceful possession

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                      WRIT - B No. - 8086 of 2000

Doodh Nath And Others
                                                           .....Petitioner(s)
                                  Versus
Asstt. Consolidation Officer Gkp. And Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)          :   V.P.Tripathi
Counsel for Respondent(s)          :   C.S.C., Sachida Nand Tripathi

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

1. Case called out as a mentioned case.

2. Counsel for the petitioners is not present. Sri Sachida Nand
Tripathi, learned counsel for the private respondents is present.

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

     "(a) Issue a writ, order or direction in the nature of
     certiorari, quashing the orders dated 4.1.1997,
     30.7.1999 and 31.12.1999 passed by the respondent
     nos. 1 to 4 (Annexure Nos. 5, 9 and 10 to this writ
     petition)

     (b) Issue a writ, order or direction in the nature of
     mandamus, directing the respondents not to interfere
     in the peaceful possession of the petitioners over the
     land in dispute, i.e., araji no.299."

4. On 15.2.2000, following order was passed by this Court:-

     "Issue notice to the respondent nos. 5 to 14.

     List for admission after service of the notices on the
     aforesaid respondents.

     Until further orders of the Court, the parties are
     directed not to transfer or alienate the property in
     dispute."
                                                                                         WRIB No. 8086 of 2000
                                                                   2


                                    5. On 16.1.2018, following order was passed by this Court:-

                                         "It is clarified that the order dated 15.2.2000, shall not
                                         come     in   the   way   of   the   Consolidation    Officer
                                         concerned to proceed in the matter, in accordance with
                                         law.

                                         Learned counsel for the petitioners prays for and is
                                         granted 3 weeks and no more further time to file
                                         objections / counter to the abatement filed by the
                                         private respondents.

                                         List in the week commencing 5.3.2018.''

                                    6. Sri S.N. Tripathi, learned counsel for the private respondents has
                                    placed the order dated 5.7.2018 passed by the Consolidation Officer
                                    which is annexed as Annexure No.1 to the application dated
                                    22.11.2021 filed along with the affidavit of the respondents in order to
                                    demonstrate that during the pendency of the writ petition before this
                                    Court, the Consolidation Officer has decided the dispute under
                                    Section 9-A(2) of the U.P. C.H. Act vide order dated 5.7.2018. He
                                    submitted that in view of the final order passed by the Consolidation
                                    Officer on 5.7.2018, the instant petition has become infructuous.

                                    7. Considering the final order dated 5.7.2018 passed by
                                    Consolidation Officer under Section 9-A(2) of the U.P. C.H. Act, the
                                    instant petition has become infructuous.

                                    8. The writ petition is dismissed as infructuous.

                                    9. Interim order granted by this Court is vacated.

                                    May 6, 2026
                                    C.Prakash
                                                                                  (Chandra Kumar Rai,J.)




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

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