Allahabad High Court
Vijay Kumar And 5 Others vs State Of Up And 6 Others on 29 August, 2024
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:138777 Court No. - 49 Case :- WRIT - B No. - 3327 of 2024 Petitioner :- Vijay Kumar And 5 Others Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Ram Raj Singh,Vijay Bahadur Yadav Counsel for Respondent :- C.S.C. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
2. Instant writ petition has been filed, inter alia, for the following prayer:-
"A. Issue nature a writ order of or direction in the mandamus directing to the respondents 3,4,5,6 and 7 for compliance of the order dated 11.7.1995 by sending (parwana Amaldaramad) compliance order dated 6.11.2006 to Tehsildar Meja for making the entry of the names of the petitioners in the revenue records of new plot no 1987k area 5 biswa made out from old plot no 1786/1 situated in the village Ram Nagar, Tehsil- Meja, District- Prayagraj no. 4 within a period of time specified by this Hon'ble Court.
B. Issue nature a writ order or direction in the of respondents mandamus restraining not to peaceful possession to interfere in the of the petitioners over the land in dispute, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. Petitioners are aggrieved with the inaction/omission at the part of the consolidation authorities concerned, who are not giving effect to the order dated 11.7.1995 passed by the Consolidation Officer in land revenue record.
4. It has been submitted that the proceeding under Section 9A(2) of UPCH Act has finally been decided by the Consolidation Officer on the basis of the compromise, vide order dated 11.7.1995, in case No. 1964+654+320+157+529+608 (annexure No. 2). In pursuance of the order dated 11.7.1995 passed by the Consolidation Officer, an order dated 6.11.2006 has been passed by the Consolidation Officer issuing parwana amaldaramad, however, till date, parwana amaldaramad has not been received in the office concerned, therefore, no fruitful steps have been taken to correct the land revenue record. Despite several representations moved by the petitioner, till date, authorities have not paid any head to the grievances of the petitioners, who are running from the pillar to the post since long. It has been submitted that it is the legal duty of the consolidation authorities to give effect to the order passed by the consolidation courts in consolidation record/land record. Till the order is not implemented in the concerned consolidation record, the matter would be treated to be pending as per the ratio decided by Hon'ble Division Bench of this Court in the matter of Mukhtar Vs. Deputy Director of Consolidation, Azamgarh, (1993) 3 AWC 1549.
5. Learned Standing Counsel has no objection in case a direction is given to the authorities concerned to give effect to the order dated 11.7.1995 passed by the Consolidation Officer in the land revenue record/consolidation record.
6. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that the present petitioner is at liberty to move a fresh representation along with a certified copy of this order and self attested copy of the writ petition before the consolidation officer concerned for giving effect to the order dated 11.7.1995 in the land revenue record/consolidation record, as averred in the instant writ petition, within a period of three weeks from today, who shall consider the said application and take appropriate steps to give effect to the order dated 11.7.1995 in the land revenue record in accordance with law expeditiously, preferably, within a period of three months from the date of production of the certified copy of order of the date, if there is no other legal impediments.
Order Date :- 29.8.2024 vinay