Allahabad High Court
Mangal & Another vs State Of U.P. & Others on 28 January, 2010
Author: Sabhajeet Yadav
Bench: Sabhajeet Yadav
Court No. - 5 Case :- WRIT - B No. - 3947 of 2010 Petitioner :- Mangal & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Mahendra Nath Pandey Respondent Counsel :- C.S.C. Hon'ble Sabhajeet Yadav,J.
Heard learned counsel for the petitioners.
Learned counsel for the petitioners is permitted to implead Sri Ram Nath as respondent no.5 and Village Consolidation Committee through Gram Pradhan as respondent no.6.
The submission of learned counsel for the petitioners is that there exist manure pits in the plot no.92 and 94 and common pathway for ingress and egress of petitioners and other villagers but the aforesaid pathway and manure pits have been allotted in the chak of the respondent no.5, as a consequence of which their ingress and egress has been blocked. It is also stated that through the aforesaid plots there was a Nali for passing the rainy water of the village. But on account of allotment of aforesaid plot in the chak of respondent no.5 the petitioners and other villagers would face water logging. The chak road given by the consolidation authorities would not sufficiently meet the requirement of the petitioners, as the petitioners would not be able to flow their rainy water through the aforesaid chak road but the Consolidation Officer and Deputy Director of Consolidation have failed to consider this aspect of the matter, merely for the reason that the Village Consolidation Committee did not submit proper proposal before the consolidation authorities. As such the matter requires serious consideration by this Court.
Notice on behalf of respondents no.1, 2, 3 and 4 has been accepted by learned standing counsel.
Issue notice to the respondents no.5 and 6 returnable at an early date.
Respondents are directed to file counter affidavit by the next date of listing.
The Deputy Director of Consolidation, Mathura Camp, Mainpuri is directed to file record and extract of C.H. Form No.2 A prepared by the consolidation authorities at the time of field to field Partal in respect of plots no.92 and 94 of Village Bitharua, Pargana- Barnahal, Tehsil-Karhal, District-Mainpuri which was prepared u/s 8 of U.P.C.H. Act. He shall also file Bandobasti map and present record of consolidation proceeding after allotment of chak showing the aforesaid plots. He shall also produce the record before the Court on the date fixed by appearing in person.
List on 18th February, 2010 as part heard.
On that day the Deputy Director of Consolidation, Mathura Camp, Mainpuri shall appear in person along with the aforesaid original records before this Court.
Office is directed to supply a copy of this order to Sri Amit Kumar, learned standing counsel free of cost within 24 hours for communication to District Magistrate, Mainpuri and Deputy Director of Consolidation, Mathura Camp, Mainpuri.
Order Date :- 28.1.2010 SL