Allahabad High Court
Dulari (Deceased) And 3 Others vs Consolidation Officer And 2 Others on 21 November, 2022
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- WRIT - B No. - 3132 of 2022 Petitioner :- Dulari (Deceased) And 3 Others Respondent :- Consolidation Officer And 2 Others Counsel for Petitioner :- Rakesh Kumar Counsel for Respondent :- C.S.C.,Arun Kumar Pandey Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and learned Standing Counsel representing respondent nos. 1 and 2 and learned counsel for the Gaon Sabha.
Learned Standing Counsel has filed the instructions dated 27.08.2022, duly signed by the Settlement Officer of Consolidation, in connected Writ-B No. 1912 of 2022 and prayed that reference qua case of present petitioners is also provided in the instructions.
In view of the peculiar facts and circumstances of the case and the order proposed to be passed, this Court proceeds to decide the case finally at admission stage with the consent of the counsel for the parties present, without calling for the respective affidavits of the parties in the present writ petition (i.e. counter affidavit and rejoinder affidavit).
The petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the order dated 13.07.2016 (Annexure No. 3) passed by the Consolidation Officer (respondent no. 1).
Learned counsel for the petitioners states that identical matter, with respect to the land situated in the same village, as involved in the instant petition, has been considered and decided by order of the date passed by this Court in connected Writ-B No. 1912 of 2022, therefore, instant writ petition may also be decided on the same terms and conditions as observed by this Court in the said writ petition.
Learned Standing Counsel has no objection to the prayer as made by learned counsel for the petitioner.
Accordingly, impugned order dated 13.07.2016 is hereby quashed. The instant writ petition is also allowed on the same terms and conditions as observed by this Court in Writ-B No. 1912 of 2022 by Order Date :- 21.11.2022 Atul kr. sri.