Allahabad High Court Sets Aside Order in Land Dispute, Emphasizes State's Role

Court Remands Case to Consolidation Authorities with Directions to Include State as Necessary Party

In a significant ruling on October 16, 2025, the Allahabad High Court, under the bench of Justice Siddharth Nandan, set aside the impugned order dated May 9, 2025, concerning a land dispute under the U.P. Consolidation of Holdings Act, 1953. The case of Ravendra Singh versus the State of U.P. and others has been remanded to the Deputy Director of Consolidation, Hathras, for reconsideration with explicit directions.

The crux of the dispute involved land categorized as Gaon Sabha property, with allegations that a change in valuation led to a loss of 0.520 hectares of land meant for public utility, specifically a cremation ground. The petitioner, Ravendra Singh, challenged the recall of a final order dated March 30, 2010, arguing that consolidation authorities lack jurisdiction to review or recall their orders. This was supported by precedents including the Supreme Court's judgment in Shivraji v. Deputy Director of Consolidation, Allahabad.

The court underscored the necessity of involving the State Government as a party in proceedings related to Gaon Sabha lands. Justice Nandan noted that Gaon Sabha acts merely as the custodian, while the State retains inseparable rights over such properties. The judgment emphasized that public utility lands like cremation grounds are crucial and cannot have their valuation altered indiscriminately.

The judgment directed the consolidation authorities to expedite the decision-making process regarding the application dated October 25, 2021, filed by the Gram Pradhan, challenging the finality of the March 30, 2010 order. It also mandated that the State be impleaded as a necessary party to ensure proper representation and safeguard state interests.

Furthermore, the court instructed the revisional court to adjudicate its own jurisdiction concerning review or recall applications, in light of the Supreme Court’s judgment in Shivraji and the previous High Court judgment dated August 23, 2024, in a related matter involving Ravendra Singh.

The ruling sends a clear message about the accountability and procedural rigor required in consolidation proceedings, especially those involving public utility lands. It highlights the imperative for state involvement in such cases to prevent potential collusion or fraud and to ensure equitable management of state-vested properties.

The decision, while overturning the earlier order, sets a precedent for more stringent application of statutory requirements in land management and consolidation proceedings. It also reinforces the role of the State in protecting public utility lands from arbitrary decisions that may compromise community interests.

Bottom Line:

Consolidation authorities under the U.P. Consolidation of Holdings Act lack jurisdiction to review or recall their final orders - State Government is a necessary party in matters concerning Gaon Sabha lands and properties in consolidation proceedings.

Statutory provision(s): U.P. Consolidation of Holdings Act, 1953 Sections 48(1), 11C; U.P. Revenue Code, 2006 Section 213; Section 77(1)(H) of the Revenue Code

Ravendra Singh v. State of U.P., (Allahabad) : Law Finder Doc Id # 2797714