Allahabad High Court
SUBHASH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The court directed the Deputy Director to decide the objection within four months and disposed of the writ petition without making any observation on its merits.
Summary
Petitioners Subhash and two others filed a writ petition seeking a mandamus directing the Deputy Director of Consolidation to refrain from initiating proceedings under Section 48(3) of the U.P. Consolidation of Holdings Act, 1953, and to decide an objection filed on 01‑09‑2025. The petition also referenced an earlier 1999 order in Civil Misc. Writ Petition No. 16707 of 1999. After hearing, the petitioner's counsel orally prayed for a direction to decide the objection, which the standing counsel for the respondents did not oppose. The court, finding no merit in keeping the matter pending, ordered the Deputy Director to decide the objection within four months, through a reasoned order after hearing, and disposed of the petition without addressing the merits. The order was signed on 19 March 2026.
Issues considered
- Whether the court should issue a writ of mandamus directing the Deputy Director of Consolidation to decide the objection filed under Section 48(3) of the U.P. Consolidation of Holdings Act, 1953.
- Whether the petitioners are entitled to a direction preventing the initiation of proceedings under Section 48(3) based on the earlier 1999 order.
Legislation cited
- U.P. Consolidation of Holdings Act, 1953 — s. 48(3)
Subjects
- mandamus
- writ petition
- Section 48(3)
- Consolidation of Holdings Act
- Uttar Pradesh
- administrative law
- expeditious disposal
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 879 of 2026
Subhash And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Singh Bais
Counsel for Respondent(s) : C.S.C.
Court No. - 54
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties.
2. Instant writ petition has been filed, inter alia, seeking the following relief:-
"Issue a writ order or direction in the nature of mandamus directing the respondent
no.2,3 and 4 not to initiate the proceeding Under Section 48(3) of Consolidation Act
pursuant to the order dated 21.04.1999 passed by this Hon'ble Court in Civil Misc.
Writ Petition No. 16707 of 1999, Subhash Versus D.D.C. Saharanpur and others, so
that justice may be done."
3. After due deliberation at length, learned counsel for the petitioner has
orally prayed for issuance of a writ of mandamus commanding the Deputy
Director of Consolidation (respondent no.2) to decide the objection dated
01.09.2025 (Annexure no.9) filed by the petitioners in reference proceedings
under Section 48(3) of the U.P. Consolidation of Holdings Act, 1953.
4. Learned Standing Counsel has no objection, if a direction is issued to
decide the aforesaid case, expeditiously.
5. In this conspectus as above, no useful purpose would be served by
keeping 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 raised in the writ petition, with a direction to
Respondent no.2 to decide the objection strictly in accordance with law, by
means of a reasoned and speaking order, after affording opportunity of
hearing to the parties concerned and without granting any unnecessary
adjournments to either of the parties expeditiously, preferably, within a
period of four months from the date of production of certified copy of this
WRIB No. 879 of 2026
2
order.
6. With the aforesaid direction, this petition is finally disposed of.
March 19, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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