Allahabad High Court
Brij Vilash Pandey vs Settlement Officer Consolidation, ... on 23 March, 2023
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- WRIT - B No. - 210 of 2023 Petitioner :- Brij Vilash Pandey Respondent :- Settlement Officer Consolidation, Gonda And Others Counsel for Petitioner :- Karunakar Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta,Ranjeet Singh Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Karunakar Srivastava, learned counsel for the petitioner, Sri Upendra Singh, learned Standing Counsel for the State-opposite parties, Sri Pankaj Gupta, learned counsel for the opposite party No.3/ Gaon Sabha and Sri Ranjeet Singh, learned counsel, who has filed Vakalatnama on behalf of opposite party No.5 and he has also appeared on behalf of opposite party No.4, who is a caveator. The Vakalatnama is taken on record.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(I) to issue a writ, order or direction in the nature of certiorari to quash the order dated 04.03.2023 passed by the learned Settlement Officer of Consolidation, Gonda in Appeal No.399/2021540830000164 (Brij Vilash Pandey vs. State and others).
(II) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to ensure that the nature of pond land may not be changed by the opposite party Nos.3 & 4 and maintain status-quo over the pond land i.e. Gata No.499 (old No.1841) situated at Village-Itraur, Pargana & Tehsil-Mankapur, District-Gonda."
Sri Upendra Singh, learned Standing Counsel has raised objection on the maintainability of the writ petition by submitting that against the order dated 04.03.2023 passed by the Settlement Officer of Consolidation, Gonda, the petitioner has got an alternative statutory remedy by filing revision under Section 48 of Uttar Pradesh Consolidation of Holdings Act. Therefore, the petitioner may be directed to file revision.
Sri Singh, learned Standing Counsel has also informed that for the issue in question the State has filed revision bearing Revision No.549 of 2023 (State & others vs. Smt. Nirmala & others).
Considering the fact that the petitioner has prayed that the opposite party No.2 i.e. the Collector, District-Gonda may be directed to ensure that the nature of the Pond land remain unchanged and maintain status-quo over the Pond land situated at Gata No.499 (old No.1841), Village-Itraur, Pargana & Tehsil-Mankapur, District-Gonda, the liberty is given to the petitioner to file revision before the Revisional Authority within a period of two weeks from today taking all pleas and grounds which are available with him and the Revisional Authority is directed to dispose of the revision along with revision so filed by the State bearing Revision No.549 of 2023 (State & others vs. Smt. Nirmala & others), strictly in accordance with law, by affording an opportunity of hearing to the parties concerned with expedition preferably within a period of three months from the date of production of a certified copy of this order.
Till disposal of the revision of the petitioner, the status-quo over the Pond land situated at Gata No.499 (old No.1841), Village-Itraur, Pargana & Tehsil-Mankapur, District-Gonda in terms of prayer No.2 of the writ petition, shall be maintained.
In view of the aforesaid terms, the instant writ petition is disposed of finally.
Order Date :- 23.3.2023 [Rajesh Singh Chauhan,J.] Suresh/