MOHD.RAFIQUE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Certified copy of the grounds of Appeal No. 106 dtd. 11/9/2025 is taken on record.

(2.) Heard Mr. Dharmpal Singh, learned Senior Counsel assisted by Mr. Amish Kumar Srivastava, learned counsel for the petitioner, Mr. Hari Narain Singh, learned Senior Counsel assisted by Mr. Ajay Shandilya, learned counsel for respondent Nos. 4 and 5 and Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State-respondents.

(3.) Brief facts of the case are that the Village-Soraon, Pargana and Tahsil-Soraon, District-Allahabad was notified under Sec. 4 (1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act") on 10/7/1982 and dispute relates to plot No. 410 area 1 Bigha 13 Biswa 10 Dhoor. The area of petitioner was less in respect to aforementioned plot, accordingly, proceeding under Sec. 9-A (2) of U.P.C.H. Act was initiated and Consolidation Officer ultimately vide order dtd. 4/12/2001 allowed the petitioner's objection under Sec. 9-A (2) of U.P.C.H. Act. Petitioner accordingly, filed an application under Sec. 42-A of U.P.C.H. Act for correction of entry which was allowed by the Consolidation Officer vide order dtd. 7/2/2002. Private respondent Nos. 4 and 5 filed an appeal against the orders dtd. 4/12/2001 and 7/2/2002, which was dismissed on 13/12/2002. Respondent Nos. 4 and 5 filed a revision which was dismissed by Deputy Director of Consolidation vide order dtd. 3/3/2003. Review application has been filed by respondent Nos. 4 and 5 before Deputy Director of Consolidation who directed the Chief Tracer to submit his report with regard to new number made from plot No. 410. Chief Tracer submitted his report on 10/3/2003 which was approved by Deputy Director of Consolidation vide order dtd. 8/7/2003. Restoration application filed before Consolidation Officer against the order dtd. 8/7/2003 has been dismissed on 17/7/2009. Chief Tracer has submitted his report on 29/7/2009, accordingly, Consolidation Officer passed an order on 23/2/2010 affirming the earlier order passed in the proceeding on 21/1/2017. Respondent Nos. 4 and 5 filed their objection to the report dtd. 23/2/2010 submitted by the Chief Tracer. Consolidation Officer vide order dtd. 26/5/2017 allowed the objection of the respondent Nos. 4 and 5 and directed the authority to submit his report. Petitioners challenged the order dtd. 26/5/2017 through revision under Sec. 48 of U.P.C.H. Act before Deputy Director of Consolidation which has been dismissed vide order dtd. 5/3/2025. Hence, this writ petition on behalf of the petitioner for the following reliefs :