Allahabad High Court
Brij Vilash Pandey vs Settlement Officer Consolidation, ... on 10 August, 2021
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONSOLIDATION No. - 14028 of 2021 Petitioner :- Brij Vilash Pandey Respondent :- Settlement Officer Consolidation, Gonda & Others Counsel for Petitioner :- Karunakar Srivastava Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Manish Mathur,J.
Mr. Sunil Sharma, learned counsel has filed his power on behalf of opposite parties 4 and 5 along with counter affidavit, which is taken on record.
It is submitted by learned counsel for opposite parties 4 and 5 that the present petition has been filed against the order dated 14.08.2020 passed by the Settlement Officer of Consolidation, Gonda whereby the interim order granted earlier in favour of petitioner was vacated. It has been submitted that the appeal is still pending consideration before the concerned authority and a direction may be issued for expeditious disposal of the appeal while continuing with the interim order in order to protect the nature of the property in dispute.
Vide order dated 08.07.2021, the following order has been passed:-
"Heard learned counsel for petitioner, learned State counsel appearing on behalf of opposite parties no.1 and 2 and Mr. Tushar Gupta, learned counsel holding brief of Mr. Pankaj Gupta, learned counsel appearing for opposite party no.3.
Issue notice to opposite parties no.4 and 5 returnable at an early date.
Petition has been filed against the order dated 14.08.2020 passed by Settlement Officer of Consolidation, Gonda in Appeal No.207 of 2019 (Brij Vilash Pandey vs. State and Others).
Learned counsel for petitioner submits that the disputed property bearing Gata No.1841 (New No.499) has been recorded as a Pond in the Revenue Record right from 1356 fasli onwards. It is submitted that the Assistant Consolidation Officer by means of an order dated 07.01.1974 entered the name of several person over the Pond Land changing the nature of the Pond. It is further submitted that due to the said factor, petitioner had filed appeal before the Settlement Officer of Consolidation who had initially granted ex parte interim order dated 17.08.2019 while prima facie recording the fact that the property in question had been recorded as Pond and due to the order passed by Assistant Consolidation Officer, its area had been reduced. The private opposite party had thereafter filed an application for vacation of ex parte interim order, which had been allowed by means of impugned order vacating the earlier interim order.
Learned counsel for petitioner submits that while vacating the earlier interim order, the court concerned has done so merely on the ground that the private opposite parties were not heard at the time of passing of the interim order while no finding has been recorded with regard to the fact as to whether the property in question was recorded as Pond or not. It is submitted that the revision still pending consideration before the court concerned.
Prima facie, the submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks' time to file counter affidavit.
List this case in the week commencing 09.08.2021.
Till the next date of listing, it is provided that the nature of Pond land recorded within Gata No.1841 (New No.499) situated in Village Itraur, Pargana, Tehsil-Manakapur, District- Gonda shall not be disturbed. "
It is admitted between the parties that the appeal against the order dated 07.01.1974 passed by the Assistant Consolidation Officer is still pending consideration before the Settlement Officer of Consolidation who had initially granted an ex parte interim order dated 17.08.2019 which was however vacated subsequently by means of the impugned order.
In view of the fact that the rights of the parties are yet to be adjudicated upon in the appeal pending before the concerned authority, it would be appropriate that directions with regard to same are passed instead of keeping the present petition pending.
In view of the aforesaid facts and on the basis of concession made by learned counsel for opposite parties 4 and 5, a writ in the nature of Certiorari is issued quashing the order dated 14.08.2020 passed by the Settlement Officer of Consolidation, Gonda in Appeal No.207 of 2019 (Brij Vilash Pandey v. State and others). A further writ in the nature of Mandamus is issued commanding the said authority to decide Appeal No.207 of 2019 expeditiously. It is further provided that the nature of alleged pond land recorded within Gata No.1841 (New No.499) situated in Village Itraur, Pargana, Tehsil-Manakapur, District- Gonda shall not be disturbed till a final decision in the said appeal.
With the aforesaid, the writ petition stands allowed.
Order Date :- 10.8.2021 kvg/-