Code No –

Group: -
District:- Kheri
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
WRIT B No. OF 2023
Ram Murti
Petitioner
Versus
Deputy Director of Consolidation, District Kheri and others
. Opp. Parties

INDEX
S.No Description of papers. Page
No .
1. List of Events and dates. Separate
2. Application for condonation delay
3. Affidavit of Application for
condonation delay
4. Application for interim relief.
5. Memo of the petition.
6. Annexure No.1
A copy of impugned order dated
16.05.2024 passed by opposite party
no.1 in case no. 0945/2023 “Mohan
Lal versus Naval Kishor”, u/s 48 (1)
U.P. Consolidation of Holdings Act,
1953.
7. Annexure No.2
A copy of restoration application dated
15.12.2023 before deputy director of
consolidation of Lakhimpur Kheri
againt the impugned order Ex-parte
order dated 21.11.2023 and
30.06.2023.
8. Annexure No. 3
A copy of order dated 21.11.2023
passed by deputy director of
consolidation of Lakhimpur Kheri, u/s
48 (1) U.P. Consolidation of Holdings
Act, 1953.
9. Annexure No.4
A copy of order dated 30.06.2023
passed by deputy director of
consolidation of Lakhimpur Kheri, u/s
48 (1) U.P. Consolidation of Holdings
 Act, 1953.
10. Annexure No.5
A copy of order dated 08.09.2021
passed by consolidation officer of
Lakhimpur Kheri, u/s 21 (1) U.P.
Consolidation of Holdings Act, 1953..
11. Annexure No.6
A copy of order dated 25.02.2020
passed by Settelment officer,
consolidation of Lakhimpur Kheri, u/s
21 (2) U.P. Consolidation of Holdings
Act, 1953..
12. Annexure No.7
A copy of questionary dated 15.02.2023
in respect to the revision filed by the
opposite party no.4 to 6.
13. Annexure No.8
The copy of Khatauni of aforesaid
Khasra / Gata No. 93/1477 recorded in
the name of petitioner.
14. Affidavit in support of petition.
15. Identity proof.
16. VAKALATNAMA

Lucknow
Dated

(Sanjeev Kumar Gupta)

Advocate
Counsel for the petitioner
Mobile No. 7668315494
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
WRIT B NO. OF 2023

Ram Murti
Petitioner
Versus
Deputy Director of Consolidation and others
Opp. Parties

LIST OF DATES AND EVENT

S.No Dates. Events.

1. 25.10.2019 Consolidation Officer Khamria
Lakhimpur Kheri passed an order
dated 25.10.2019 case no. 1/2019-20
“Akhilesh Kumar versus State”, Case
no. 2/2019-20 “Rajnesh Kumar versus
State”, case no. 3/2019-20 “Ravindra
Kumar versus State”, case no. 4/2019-
20 “Poonam Devi versus State”, case
no. 05/2019-20 “Rajkumar versus
State”, case no. 6/2019-20 “Vinod
Kumar versus State”, case no.
38/2019-20 “Shivkumar versus State”,
case no. 39/2019-20 “Nand Kumar
versus State”, case no. 40/2019-20
“Brajesh Kumar versus State”, u/s 21
(1) of U.P. Consolidation of Holdings
Act 1953.
2. 25.02.2020 Settelment office, Consolidation passed
order dated 25.02.2020 case no.
196/2020, Brajesh Kumar Versus Hari
Vilas & anothers u/s 21(2) of U.P.
Consolidation of Holdings Act, 1953.
3. 08.09.2021 Consolidation Officer Khamria
Lakhimpur Kheri passed order dated
case no. 213/---------, Vinod Kumar
versus State u/s 21 (1) Of U.P.
Consolidation of Holdings Act, 1953.
4. 30.06.2023 Depty Director of Consolidation
passed order dated 30.06.2023, case
no. 425/2021, Vinod Kumar versus
Anita Devi & others u/s 48 (1) of U.P.
Consolidation of Holdings Act, 1953.
5. 26.11.2023 Settelment officer consolidation passed
order dated 26.11.2021 case no.
637/2021, Vinod Kumar Versus Rekha
Devi & others, u/s 21 (2) of U.P.
Consolidation of Holdings Act, 1953
6. 15.12.2023 Petitioner moved restoration
application before Depty Director of
Consolidation against the Ex-party
order passed by Depty Director of
Consolidation dated 30.06.2023 and
21.11.2023.
7. 16.05.2024 Depty Director of Consolidation
passed order dated 16.05.2024, case
no. 0948/2023, Mohan Lal Versus
Naval Kishor

Lucknow
Dated:

(Sanjeev Kumar Gupta)

Advocate
Counsel for the Petitioner
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
C.M. APPLICATION NO OF 2024

WRIT B NO. OF 2024

Ram Murti, aged about 49 years, w/o Shiv Dhar, r/o Sirsi, P.O.
Chakmusepur, District Kheri, U.P. 262722

Petitioner

VERSUS

1. Deputy Director of Consolidation, District Lakhimpur Kheri.

2. Settlement Officer of Consolidation, District Lakhimpur

Kheri.
3. Consolidation Officer Ist, Tehsil Dhaurhara, District
Lakhimpur Kheri.
4. Naval Kishor s/o Shri Shyam Kishor
5. Chandra Kishor s/o Shri Shyam Kishor
6. Kamal Kishor s/o Shri Shyam Kishor

Opposite party no.4 to 6, all are resident of Village Mudiya,

Pargana - Firozabad, Tehsil - Dhaurhara, Lakhimpur Kheri.

7. Yagydatt s/o Shri Mahamayadeen

8. Vinod Kumar s/o Shri Mahamayadeen
9. Hari Kishor s/o Shri Shyam kishor
10. Kaushal Kishor s/o Shri Shyam kishor
11. Nand Kishor s/o Shri Shyam kishor
12.Rekha Devi w/o Shri Vipin Bihari
13.Anita Devi w/o Shri Divakar
14.Rajesh s/o Late Ramlakhan
15.Rahul s/o Late Ramlakhan
16.Kallu s/o Late Ramlakhan
17.Annu s/o Late Ramlakhan
18.Manish s/o Late Ramlakhan
19.Sri Mati w/o Shri Ramlakhan
20.Nand Kumar s/o Shri Lalluram
21.Brajesh Kumar s/o Shri Lalluram
22.Harivilash s/o Ramvilash
23.Jayshankar s/o Ramvilash
24.Avdhesh s/o Shri Banshidhar
25.Radhamohan s/o Shri Banshidhar
26.Suryaprasad s/o Shri Tirthram
27.Ramkhelavan s/o Shri Pyarelal
28.Jagdeesh Prashd s/o Shri Pyarelal
29.Basant Kumar s/o Shri Pyarelal
30.Shailendra Kumar s/o Shri Sumerdatt
31.Sandeep Kumar s/o Shri Sumerdatt
32.Smt. Sushma Devi w/o Shri Sumerdatt
33.Smt. Sarojani Devi w/o Munnalal
34.Vishambhar Dayal s/o Shri Munnalal
35.Ravindra Kumar s/o Shri Munnalal
36.Kaushal Kishor s/o Shri Munnalal
37.Akhilesh Kumar s/o Shri Munnalal
38.Pradhan, Gram Shabha Mudiya, Pargana - Firozabad, Tahsil
- Dhaurhara, District - Lakhimpur Kheri.

Opposite party no.10 to 37, all are resident of Village Sirsi,

Pargana and Tehsil - Dhaurhara, Lakhimpur Kheri.

. Opposite parties

APPLICATION FOR INTERIM RELIEF

That the humble application of the applicant above named

most respectfully showeth as under:
 That for the facts, reasons and circumstances
mentioned in the accompanying writ petition supported
with an affidavit, it is most respectfully prayed that this
Hon’ble Court may be pleased to stay the impugned order
dated 16.05.2024 passed by opposite party no.1 i.e. Deputy
Director of Consolidation, District Lakhimpur Kheri, passed
in revision no. 0948/2023, “Mohan Lal Vs. Naval Kishor and
others”, passed u/s 48 (1) U.P. Consolidation of Holdings
Act, in the interest of justice.

Such other and further order or direction, which

this Hon’ble Court may deem just and proper under the
circumstances of the case also kindly be passed.

Lucknow
Dated:

(Sanjeev Kumar gupta)

Advocate
Counsel for the Petitioner
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT B NO. OF 2023

Ram Murti, aged about 49 years, w/o Shiv Dhar, r/o Sirsi, PO
Chakmusepur, District Kheri, U.P. 262722

Petitioner

VERSUS

39. Deputy Director of Consolidation, District Lakhimpur

Kheri.
40. Settle Officer of Consolidation, District Lakhimpur
Kheri.
41. Consolidation Officer Ist, Tehsil Dhaurhara, District
Lakhimpur Kheri.
42. Naval Kishor s/o Shri Shyam Kishor
43. Chandra Kishor s/o Shri Shyam Kishor
44. Kamal Kishor s/o Shri Shyam Kishor

Opposite party no.4 to 6, all are resident of Village Mudiya,

Pargana - Firozabad, Tehsil - Dhaurhara, Lakhimpur Kheri.

45. Hari Kishor s/o------------

46. Kaushal Kishor s/o-----------
47. Nand Kishor s/o-------------
48. Rekha Devi w/o Shri Vipin Bihari
49. Anita Devi w/o Shri Divakar
50.Rajesh s/o Late Ramlakhan
51.Rahul s/o Late Ramlakhan
52.Kallu s/o Late Ramlakhan
53.Annu s/o Late Ramlakhan
54.Manish s/o Late Ramlakhan
55.Sri Mati w/o Shri Ramlakhan
56.Nand Kumar s/o Shri Lalluram
57.Brajesh Kumar s/o Shri Lalluram
58.Harivilash s/o Ramvilash
59.Jayshankar s/o Ramvilash
60.Avdhesh s/o Shri Banshidhar
61.Radhamohan s/o Shri Banshidhar
62.Suryaprasad s/o Shri Tirthram
63.Ramkhelavan s/o Shri Pyarelal
64.Jagdeesh Prashd s/o Shri Pyarelal
65.Basant Kumar s/o Shri Pyarelal
66.Yagydatt s/o Shri Mahamayadeen
67.Vinod Kumar s/o Shri Mahamayadeen
68.Shailendra Kumar s/o Shri Sumerdatt
69.Sandeep Kumar s/o Shri Sumerdatt
70.Smt. Sushma Devi w/o Shri Sumerdatt
71.Smt. Sarojani Devi w/o Munnalal
72.Vishambhar Dayal s/o Shri Munnalal
73.Ravindra Kumar s/o Shri Munnalal
74.Kaushal Kishor s/o Shri Munnalal
75.Akhilesh Kumar s/o Shri Munnalal
76.Pradhan, Gram Shabha Mudiya, Pargana - Firozabad, Tahsil
- Dhaurhara, District - Lakhimpur Kheri.

Opposite party no.10 to 37, all are resident of Village Sirsi,

Pargana and Tehsil - Dhaurhara, Lakhimpur Kheri.

. Opposite parties
 WRIT PETITION UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA

To,
THE HON’BLE CHIEF JUSTICE AND HIS OTHER
HON’BLE COMPANION JUDGES OF THE HON’BLE
HIGH COURT OF JUDICATURE AT ALLAHABAD.

MAY IT PLEASE TO YOUR LORDSHIPS

The humble petition of the above named petitioner most
respectfully showeth as under :

1. That this is the first writ petition of the petitioner before this
Hon'ble Court and prior to filing of this writ petition, no other
writ petition of the same subject matter has earlier been filed
or pending either before this Hon'ble Court either at
Allahabad or at Lucknow. The petitioner declares that he has
received a copy of caveat application from opposite parties
no. /Harivilas. through registered post.
2. That the aforesaid writ petition is being filed against the
judgement and order dated 16.05.2024, passed by opposite
party no.1 / Deputy Director of Consolidation, Lakhimpur
Kheri passed in case no. 0945/2023, Mohan Lal versus Naval
Kishor & others passed u/s 48 (1) U.P. Consolidation of
Holdings Act 1953. A certified copy of impugned Judgement
order dated 10.05.2024 is being annexed herewith and marked
as Annexure No.1 to this petition.
3. That it is relevant to mention here that petitioner moved
restoration application dated 15.12.2023 before Deputy
Director of Consolidation Lakhimpur Kheri against impugned
Ex-party order passed by Deputy Director of Consolidation,
Lakhimpur Kheri dated 30.06.2023 and 21.11.2023. A certified
copy of restoration application dated 15.12.2023 is being
annexed herewith and marked as Annexure No.2 to this
petition.
4. That relevant to mention that opposite party / vinod kumar
filled Nigrani No. 425/2021 u/s 48 (1) of U.P. Consolidation
 of Holdings Act 1953 before Deputy Director of Consolidation
Lakhimpur Kheri. A Certified copy of order dated 21.11.2023 is
being annexed herewith and marked as Annexure No.3 to this
petition.
5. That relevant to mention that opposite party / vinod kumar
filled Nigrani No. 425/2021 u/s 48 (1) of U.P. Consolidation of
Holdings Act 1953 before Deputy Director of Consolidation
Lakhimpur Kheri. A Certified copy of order dated 30.06.2023 is
being annexed herewith and marked as Annexure No.4 to this
petition.
6. That relevant to mention that opposite party / vinod kumar
filled appeal 637/2021 u/s 21 (2) of U.P. Consolidation of
Holdings Act 1953 before settlement officer Consolidation
Lakhimpur Kheri. A Certified copy of order dated 26.11.2021.

7. That relevant to mention that opposite party / vinod kumar

filled case no. 213/---------- u/s 21 (1) of U.P. Consolidation of
Holdings Act 1953 before Consolidation officer. A Certified
copy of order dated 08.09.2021 is being annexed herewith and
marked as Annexure No.5 to this petition.
8. That relevant to mention that opposite party / Brajesh kumar
filled appeal no. 196/2020 u/s 21 (2) of U.P. Consolidation of
Holdings Act 1953 before settlement officer, Consolidation. A
Certified copy of order dated 25.02.2020 is being annexed
herewith and marked as Annexure No.6 to this petition.

9. That relevant to mention that the petitioner had not

knowledge of order dated 30.06.2023 and 21.11.2023 and not
received any information and notice from respondent no.
.. so when he got knowledge, he filed a restoration
application against the .. with delay application &
affidavit.
10. That relevant to mention that Petitioner was not made a
party in nigrani and no notice information given to
 respondent, thus petitioner was deprived of the enacted right
to hearing.
11. That relevant to mention that petitioner was earlier entered
by assistant consolidation officer, where petitioner has been
doing forming for about Ten years, No change has been made
in chak of petitioner in the order passed by
consolidation officer and settlement officer, consolidation.
12. That relevant to mention that petitioner is sick and poor
women a she has only . a land, assistant consolidation
officer has been allotted one chak on the original number but
now without listening to her, chak has been divided into two
chak which are quite far away due to which petitioner is
facing great difficulty in doing agricultural work.
13. That relevant to mention that petitioner has sown crop in
his agriculture land aforesaid Khasra / Gata No. 93/1477
recorded in the name of petitioner.
14. That relevant to mention that Consolidation Officer Khamria
Lakhimpur Kheri passed an order dated 25.10.2019 case no.
1/2019-20 “Akhilesh Kumar versus State”, Case no. 2/2019-20
“Rajnesh Kumar versus State”, case no. 3/2019-20 “Ravindra
Kumar versus State”, case no. 4/2019-20 “Poonam Devi
versus State”, case no. 05/2019-20 “Rajkumar versus State”,
case no. 6/2019-20 “Vinod Kumar versus State”, case no.
38/2019-20 “Shivkumar versus State”, case no. 39/2019-20
“Nand Kumar versus State”, case no. 40/2019-20 “Brajesh
Kumar versus State”, u/s 21 (1) of U.P. Consolidation of
Holdings Act 1953 before Consolidation officer.

GROUNDS

A. Because, judgement and order dated 16.05.2024 of Deputy

Director of Consolidation, Lakhimpur Kheri is illegal and mis-
appropriation of law.
B. Because, Respondent no. / Vinod Kumar and respondent no. /
Hari vilas had fully knowledge of restoration application dated
15.12.2023 filed by petitioner in nigrani no. 425 “Vinod Kumar
versus Anita Devi & others” which was running in the court
of Deputy Director of Consolidation Officer, Lakhimpur Kheri.

C. Because, the land in question bearing chak no. 255, khata

no. ., Area - 0.0480 hectare, situated at village -
Mudiya, Tahsil - Dhaurhara, District - Lakhimpur Kheri was
name as Bhumidhari of the petitioner.
D. Because the petitioner had not knowledge of order dated
30.06.2023 and 21.11.2023 and not received any information
and notice from respondent no. .. so
when he got knowledge, he filed a restoration application
against the .. with delay application & affidavit.
E. Because, petitioner was earlier entered by assistant
consolidation officer, where petitioner has been doing
forming for about Ten years, NO change has been made in
chak of petitioner in the order passed by
consolidation officer and settlement officer, consolidation.
F. Because, petitioner is sick and poor women a she has
only . a land, assistant consolidation officer has
been allotted one chak on the original number but now
without listening to her, chak has been divided into two chak
which are quite far away due to which petitioner is facing
great difficulty in doing agricultural work.
G. Because Petitioner was not made a party in nigrani and no
notice information given to respondent, thus petitioner was
deprived of the enacted right to hearing.
H.Because the impugned judgement and order of Deputy
Director of Consolidation, District Lakhimpur kheri has been
passed in cursory manner.

PRAYER
Wherefore it is respectfully prayed, that this Hon’ble Court may
graciously be pleased:
 i. Issue a writ, order or direction in the nature of Certiorari
quashing the impugned judgement and order dated
16.05.2024, passed by the opposite party no.1 in Revision no.
0948/2023, u/s 48 (1) of U.P. Consolidation of Holdings Act
1953, Mohan Lal Vs. Naval Kishor and others.
ii. Issue a writ, order or direction in the nature of Mandamus
commanding the opposite parties thereby restraining them
from compelling the petitioner to comply with the impugned
order dated 16.05.2024 as well as 21.11.2023 and 20.06.2023
contained as Annexure No. 1, Annexure No. 2 and Annexure
No. 3 respectively to this writ petition.
iii. Issue any other writ, order or direction which this Hon’ble
Court may deem fit under the facts and circumstances of the
case.
iv. Allow the writ petition with costs in favour of the petitioner.

Lucknow
Dated:

(Sanjeev Kumar Gupta)

Advocate
Counsel for the Petitioner
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT B NO. OF 2023

Ram Murti
Petitioner
Versus
Deputy Director of Consolidation and others
Opp. Parties

AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Ram Murti, aged about 49 years, w/o Shiv Dhar, r/o Sirsi,
PO Chakmusepur, District Kheri, U.P. 262722 Religion:
Hindu, Qualification: Literate, Occupation: Self Employed,
the deponent, do hereby solemnly affirm and state on oath
as under:

1. That the deponent is the petitioner himself and as such he is

fully conversant with the facts of the case deposed to herein
after.
2. That the contents of paragraphs 1 to ...of the writ
petition are true to my personal knowledge. Those of
paragraphs . ..are true in my information, which
derived from the records and those of paragraphs to
.are based on legal advice.

3. That in Annexure No . .. of the writ petition are the true

copies from their respected original records, which has been
compared by the deponent.
 Lucknow
Dated: Deponent

VERIFICATION
I, the deponent above named do hereby verify that the contents
of paragraphs 1,2 and 3 of this affidavit, which are true to my
personal knowledge. No part of it is false and nothing material
has been concealed. So, help me God.

Lucknow
Dated: Deponent

I, Sanjeev Kumar Gupta Mobile No. 7668315494, Advocate, High

Court of Judicature at Allahabad, Bench of Lucknow, identify the
deponent on the basis of record who has signed before me.
(Advocate)
Solemnly affirmed before me on at a.m./ p.m.
by Smt. Ram Murti, the deponent who is identified by Sri Sanjeev
Kumar Gupta, Advocate, Lucknow.

I have satisfied myself by examining the deponent that he has

understood the contents of this affidavits, which have read and
explained to him by me.

OATH COMMISSIONER