WRIB/1626/2026 of SHYAMJEET Vs DEPUTY DIRECTOR OF CONSOLIDATION OFFICER AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 1626 of 2026 Court No. - 54 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Rakesh Kumar Singh, learned counsel for the petitioner, Mr. Yogendra Kumar Sonkar, learned Additional Chief Standing Counsel for the State and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent- Goan Sabha. 2. The instant petition has been filed for the following relief: "(a) Issue a writ, order or direction, in the nature of MANDAMUS directing the Deputy Director of Consolidation Officer, District-Jaunpur/respondent NO.1 to decide the Restoration Application dated 13.1.2023 filed in revision No. 2446/21-22 (Ramjeet and others Vs. Harinath and others) under section 48(1) of U.P.  Consolidation of Holding Act within stipulated period which may be fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submitted that the revision filed by the petitioner along with his brother was dismissed vide order dated 29.11.2022 without affording opportunity of hearing to the parties. He further submitted that restoration application dated 13.1.2023 filed on behalf of the petitioner-Shyamjeet to recall the order dated 29.11.2022 along with the prayer for condonation of delay is still pending, as such, appropriate direction be issued for expeditious disposal of pending restoration application considering the delay condonation matter in accordance with law. 4. Learned Additional Chief Standing Counsel for the State submitted that Versus Counsel for Petitioner(s) : Rakesh Kumar Singh Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Shyamjeet .....Petitioner(s) Deputy Director Of Consolidation Officer And 3 Others .....Respondent(s) the revision was decided on merit, as such, restoration application cannot be entertained in the matter. He further submitted that the consolidation Courts have no power to review his judgement / order passed on merit. 5. In reply, learned counsel for the petitioner submitted that the ground taken in the restoration application is that order dated 29.11.2022 has been passed without affording opportunity of hearing to the petitioner, as such, restoration application shall be entertained by the consolidation Courts. 6. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing respondent no.1/ Deputy Director of Consolidation, Jaunpur to consider and dispose of the restoration application dated 13.1.2023 filed by petitioner considering the delay condonation matter first after affording proper opportunity of hearing to the parties, expeditiously preferably within a period of three months from the date of production of certified copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the restoration application.  May 6, 2026 Rameez WRIB No. 1626 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad