Allahabad High Court
AMARNATH PANDEY AND 2 OTHERSversusTHE STATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- SUDHANSHU CHAUHAN
Holding
The High Court directed the Deputy Director of Consolidation, Ghazipur to decide the pending revision within three months and ordered the writ petition disposed without addressing the merits.
Summary
The petitioners sought a direction to the Deputy Director of Consolidation, Ghazipur to decide a revision filed under Section 48(1) of the Consolidation of Holdings Act concerning land in Arazi No.103. The revision arose after the respondent No.4 approved the petitioners' application for restoration under Section 67 of the Uttar Pradesh Revenue Code, 2006, which the petitioners appealed. The court, without examining the merits of the land dispute, granted permission to implead the Deputy Director and ordered that the revision be decided expeditiously, preferably within three months of the certified copy of the order, after giving an opportunity to all parties. The court also directed that the status quo be maintained until the revision is disposed. Consequently, the writ petition was disposed with the specific direction to the Deputy Director.
Issues considered
- Whether the High Court can direct the Deputy Director of Consolidation to decide a pending revision under Section 48(1) of the Consolidation of Holdings Act expeditiously.
- Whether the writ petition can be disposed without adjudicating the substantive land dispute.
- Whether a status quo should be maintained pending the decision of the revision.
Legislation cited
- Consolidation of Holdings Act — s. 48(1)
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- land dispute
- revision
- Section 67
- Consolidation of Holdings Act
- writ petition
- status quo
- Uttar Pradesh revenue law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34828 of 2026
Amarnath Pandey And 2 Others
.....Petitioner(s)
Versus
The State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Markande Singh Yadav, Munna Lal
Maurya
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 40
HON'BLE SUDHANSHU CHAUHAN, J.
The learned counsel for the petitioner is granted permission to implead
Deputy Director of Consolidation, Ghazipur as respondent No.7 in the
array of parties.
The learned counsel for the petitioners states that land in dispute is
comprised in Arazi No.103, further during the pendency of the present
writ petition, the respondent No.4 has decided the application for
restoration filed by the petitioner on 10.09.2026 in proceeding under
Section 67 of the UP Revenue Code, 2006. The petitioner against the
order dated 10.09.2026 has filed an appeal under Section 67 (5).
In view of the developments, learned counsel for the petitioners restricts
his prayer only to the extent that the Deputy Director of Consolidation,
Ghazipur be directed to decide the revision filed in respect of the land in
dispute by the petitioner registered as Case No.2024541429000434 (Vijay
Bahadur vs. Ashutosh) under Section 48 (1) CH Act, Mohalla-Jagdishpur,
Shadiyabad, District-Ghazipur, expeditiously, to which learned Standing
Counsel has no objection.
Under the circumstances, without entering into the merits of the
controversy, the writ petition is disposed of with the direction to Deputy
Director of Consolidation, Ghazipur to decide the revision expeditiously
and preferably within a period of three months from the production of
certified copy of this order after providing an opportunity to all concerned
and strictly in accordance with law.
WRIC No. 34828 of 2026
2
The parties shall maintain status quo till the disposal of the revision filed
by the petitioner before Deputy Director of Consolidation, Ghazipur.
(Sudhanshu Chauhan,J.)
September 28, 2026
LN Tripathi
Digitally signed by :-
LALIT TRIPATHI
High Court of Judicature at Allahabad
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