Court No.

- 48
Case :- WRIT - B No. - 441 of 2024
Petitioner :- Anil Kumar And 2 Others
Respondent :- State Of Up And 6 Others
Counsel for Petitioner :- Ashish Jaiswal,Vikas Singh
Counsel for Respondent :- C.S.C.

Hon'ble Dinesh Pathak,J.

1. It has been submitted that Consolidation Officer has illegally

allowed the restoration application dated 11.10.2021 filed by
the contesting respondents against the consent order dated
31.3.2021 whereas in the interregnum period, Parvana
Amaldaramad had already been issued to correct the land
record in pursuance of the order dated 31.3.2021. It has been
submitted that no finding has been returned against the consent
order. As such, restoration application is not maintainable in
the eye of law. It is further submitted that previous ex-parte
order dated 28.12.2018 passed in proceeding under Rule 109 of
UP Consolidation of Holdings Rules has illegally been affirmed
without passing any specific order allowing the restoration
application. It is further submitted that owing to the previous
order dated 28.12.2018, the petitioners have been deprived of
from their trees planted over the plot in question, which has
illegally been snatched away from them and accorded to the
respondents without fixing its valuation.

2. The matter requires consideration.

3. Respondents No. 1 to 3 are represented through learned

Standing Counsel.

4. Issue notice to respondents No. 4 to 7 fixing 28.3.2024 as the

date.

5. In the meantime, both the parties shall exchange their

respective affidavits, if any.

6. Till the next date of listing, the effect and operation of the
order dated 2.2.2023 passed by the Consolidation Officer, order
dated 4.3.2023 passed by the Settlement Officer of
Consolidation and order dated 25.10.2023 passed by the Deputy
Director of Consolidation (respondent No. 1) shall remain
stayed.

Order Date :- 7.2.202/vinay

Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad