Ram Lakhan Soni v. Karan Singh) expeditiously within the stipulated period or be pleased to pass suc

Petitioner :- Ram Lakhan Soni Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Mishra,Ashish Kumar Mishra,Shri Krishna Mishra Counsel for Respondent :- CSC Hon'ble Chandra Kumar Rai,J.

1. Heard learned counsel for the petitioner and the learned standing counsel for the state-respondents.

2. The instant writ petition has been filed for the following reliefs:- "I. Issue a writ, order or direction in the nature of mandamus, directing to the respondent no.4 to consider and decide the application dated 19.1.2022 expeditiously within the stipulated period. II. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.4 to allow the application dated 19.1.2022 and enter in the name of the petitioner in the land in question in the revenue records expeditiously within the stipulated period. III. Issue any other writ, order or direction in the nature of writ, as this Hon'ble Court may deem fit and proper to meet ends of justice. I. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.4 to decide the Case No.264 of 2022 (Ram Lakhan Soni vs. Karan Singh) expeditiously within the stipulated period or be pleased to pass such other and further orders as this Hon'ble Court may deem fit and proper to meet the ends of justice."

3. This Court on 18.10.2023 passed the following order:- "1.Stamp reporter has submitted the report dated 16.10.2023 to the effect that since the petitioner has prayed for expeditious disposal of the application under Section 34 of U.P. Revenue Code, 2006 as well as matter is cognizable by Court hearing Writ-C matter relating to U.P. Revenue Code, 2006.

2. Application for mutation initially was filed under Section 34 of U.P. Revenue Code, 2006 but the same has been transferred before Assistant Consolidation Officer and the case has been registered as Case No.264 of 2022 Ram Lakhan Soni vs. Karan Singh before the Assistant Consolidation officer under Section 6-A of U.P. C.H. Act.

3. Certified copy of the proceeding dated 18.04.2022 has been annexed along with the writ petition as Annexure No.4 to the writ petition which demonstrate that proceeding is pending before the Assistant Consolidation Officer, Pahadi, District-Chitrakoot as such instant matter cannot be entertained by the Court hearing matter relating to U.P. Revenue Code, 2006/ U.P.Z.A & L.R. Act 1950.

4. In view of the pendency of the proceeding before Assistant Consolidation Officer, Pahadi, District-Chitrakoot, the case should be registered as Group-B rather Group-C.

5. Office is directed to register the writ petition in Group-B, rather Group-C.

6. Put up this case as fresh on 01.11.2023 before the appropriate Court after allotting the proper Group to the instant petition."

4. On 30.4.2025, this Court directed the learned standing counsel for the state-respondents to obtain instructions in the matter.

5. In compliance of the order dated 30.4.2025, instruction dated 14.5.2025 is placed before the Court which is taken on record.

6. Learned standing counsel on the basis of instructions dated 14.5.2025 submitted that petitioner cannot be granted relief in the matter as the claim of the petitioner is disputed, as such, no order can be passed in the proceeding under Section 6-A of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "U.P. C.H. Act") which relates to undisputed succession. He further submitted that notification under Section 9 of the U.P. C.H. Act has been issued on 15.10.2024 and in respect of double entry of the plot in question, Case No.711 of 2025, under Section 9- A(2) is pending before the Consolidation Officer, Karwi, Chitrakoot, as such, the petitioner should avail remedy in the pending proceeding under Section 9-A(2) of the U.P. C.H. Act rather by way of writ of mandamus for deciding the application dated 19.1.2022.

7. I have considered the arguments advanced by learned counsel for the parties and perused the records.

8. There is no dispute about the fact that village Kaudar, Tehsil Pahadi, District Chitrakoot is under consolidation operation. There is also no dispute about the fact that notification under Section 9 has been issued on 15.10.2024. There is also no dispute about the fact that Case No.711 of 2025, under Section 9-A(2) of the U.P. C.H. Act is pending before the Consolidation Officer in respect to double entry of the plot in question.

9. In order to appreciate the controversy involved in the matter, perusal of Section 6-A of the U.P. C.H. Act will be relevant which is as under:- "6-A. Special provisions with respect to undisputed succession or transfer.- After the publication of notification under sub-section (2) of Section 4 or Section 4-A and before start of the proceeding under Section 8, a case of undisputed succession shall be disposed of by the Consolidator, and a case of undisputed mutation on the basis of transfer shall be disposed of by the Assistant Consolidation Officer, in such manner and after making such inquiry as may be prescribed: Provided that no case shall be entertained, continued or disposed of under this section after start of the proceedings under Section 8. (2) An order made under sub-section (1) shall not be a bar to an objection under Section 9)."

10. The perusal of Section 6-A of the U.P. C.H. Act demonstrates that the provisions relates to undisputed succession or transfer. It also reflects that the order made in sub-section (1) shall not be bar to an objection under Section 9.

11. In the instant matter, the instruction which has been sent by the Assistant Consolidation Officer, Pahadi, Chitrakoot demonstrates that since there is dispute in the matter, as such, the provisions contained under Section 6-A of the U.P. C.H. Act will not be applicable rather the claim should be raised under Section 9 of the U.P. C.H. Act.

12. Considering the provisions contained under Section 6-A of the U.P. C.H. Act as well as the instructions sent by the Assistant Consolidation Officer, Pahadi, Chitrakoot, the instant petition is finally disposed of with the liberty to the petitioner to raise fresh objection under Section 9 of the U.P. C.H. Act with respect to the plot in question, on the basis of the alleged sale deed. It is further provided that petitioner can also appear in Case No.711/2025, under Section 9-A(2) of the U.P. C.H. Act which is going on before the Consolidation Officer, Karwi, Chitrakoot regarding double entry of the plot in question. Order Date :- 15.5.2025 C.Prakash CHANDRA PRAKASH High Court of Judicature at Allahabad

Petitioner :- Ram Lakhan Soni Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Mishra,Ashish Kumar Mishra,Shri Krishna Mishra Counsel for Respondent :- CSC Hon'ble Chandra Kumar Rai,J.

1. Heard learned counsel for the petitioner and the learned standing counsel for the state-respondents.

2. The instant writ petition has been filed for the following reliefs:- "I. Issue a writ, order or direction in the nature of mandamus, directing to the respondent no.4 to consider and decide the application dated 19.1.2022 expeditiously within the stipulated period. II. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.4 to allow the application dated 19.1.2022 and enter in the name of the petitioner in the land in question in the revenue records expeditiously within the stipulated period. III. Issue any other writ, order or direction in the nature of writ, as this Hon'ble Court may deem fit and proper to meet ends of justice. I. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.4 to decide the Case No.264 of 2022 (Ram Lakhan Soni vs. Karan Singh) expeditiously within the stipulated period or be pleased to pass such other and further orders as this Hon'ble Court may deem fit and proper to meet the ends of justice."

3. This Court on 18.10.2023 passed the following order:- "1.Stamp reporter has submitted the report dated 16.10.2023 to the effect that since the petitioner has prayed for expeditious disposal of the application under Section 34 of U.P. Revenue Code, 2006 as well as matter is cognizable by Court hearing Writ-C matter relating to U.P. Revenue Code, 2006.

2. Application for mutation initially was filed under Section 34 of U.P. Revenue Code, 2006 but the same has been transferred before Assistant Consolidation Officer and the case has been registered as Case No.264 of 2022 Ram Lakhan Soni vs. Karan Singh before the Assistant Consolidation officer under Section 6-A of U.P. C.H. Act.

3. Certified copy of the proceeding dated 18.04.2022 has been annexed along with the writ petition as Annexure No.4 to the writ petition which demonstrate that proceeding is pending before the Assistant Consolidation Officer, Pahadi, District-Chitrakoot as such instant matter cannot be entertained by the Court hearing matter relating to U.P. Revenue Code, 2006/ U.P.Z.A & L.R. Act 1950.

4. In view of the pendency of the proceeding before Assistant Consolidation Officer, Pahadi, District-Chitrakoot, the case should be registered as Group-B rather Group-C.

5. Office is directed to register the writ petition in Group-B, rather Group-C.

6. Put up this case as fresh on 01.11.2023 before the appropriate Court after allotting the proper Group to the instant petition."

4. On 30.4.2025, this Court directed the learned standing counsel for the state-respondents to obtain instructions in the matter.

5. In compliance of the order dated 30.4.2025, instruction dated 14.5.2025 is placed before the Court which is taken on record.

6. Learned standing counsel on the basis of instructions dated 14.5.2025 submitted that petitioner cannot be granted relief in the matter as the claim of the petitioner is disputed, as such, no order can be passed in the proceeding under Section 6-A of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "U.P. C.H. Act") which relates to undisputed succession. He further submitted that notification under Section 9 of the U.P. C.H. Act has been issued on 15.10.2024 and in respect of double entry of the plot in question, Case No.711 of 2025, under Section 9- A(2) is pending before the Consolidation Officer, Karwi, Chitrakoot, as such, the petitioner should avail remedy in the pending proceeding under Section 9-A(2) of the U.P. C.H. Act rather by way of writ of mandamus for deciding the application dated 19.1.2022.

7. I have considered the arguments advanced by learned counsel for the parties and perused the records.

8. There is no dispute about the fact that village Kaudar, Tehsil Pahadi, District Chitrakoot is under consolidation operation. There is also no dispute about the fact that notification under Section 9 has been issued on 15.10.2024. There is also no dispute about the fact that Case No.711 of 2025, under Section 9-A(2) of the U.P. C.H. Act is pending before the Consolidation Officer in respect to double entry of the plot in question.

9. In order to appreciate the controversy involved in the matter, perusal of Section 6-A of the U.P. C.H. Act will be relevant which is as under:- "6-A. Special provisions with respect to undisputed succession or transfer.- After the publication of notification under sub-section (2) of Section 4 or Section 4-A and before start of the proceeding under Section 8, a case of undisputed succession shall be disposed of by the Consolidator, and a case of undisputed mutation on the basis of transfer shall be disposed of by the Assistant Consolidation Officer, in such manner and after making such inquiry as may be prescribed: Provided that no case shall be entertained, continued or disposed of under this section after start of the proceedings under Section 8. (2) An order made under sub-section (1) shall not be a bar to an objection under Section 9)."

10. The perusal of Section 6-A of the U.P. C.H. Act demonstrates that the provisions relates to undisputed succession or transfer. It also reflects that the order made in sub-section (1) shall not be bar to an objection under Section 9.

11. In the instant matter, the instruction which has been sent by the Assistant Consolidation Officer, Pahadi, Chitrakoot demonstrates that since there is dispute in the matter, as such, the provisions contained under Section 6-A of the U.P. C.H. Act will not be applicable rather the claim should be raised under Section 9 of the U.P. C.H. Act.

12. Considering the provisions contained under Section 6-A of the U.P. C.H. Act as well as the instructions sent by the Assistant Consolidation Officer, Pahadi, Chitrakoot, the instant petition is finally disposed of with the liberty to the petitioner to raise fresh objection under Section 9 of the U.P. C.H. Act with respect to the plot in question, on the basis of the alleged sale deed. It is further provided that petitioner can also appear in Case No.711/2025, under Section 9-A(2) of the U.P. C.H. Act which is going on before the Consolidation Officer, Karwi, Chitrakoot regarding double entry of the plot in question. Order Date :- 15.5.2025 C.Prakash CHANDRA PRAKASH High Court of Judicature at Allahabad