SYHAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing of this writ petition, the petitioner has prayed for following relief:

(2.) It is borne out from the record that the father of the petitioner was cultivating the land bearing Khasra No. 101/8 since 1366 Fasli which was recorded as Varg 4/government land. While he was in possession of the aforesaid government land, the consolidation proceedings was initiated on 2/11/2020. The respondent no.1 issued a Government Order bearing No. 958/XVIII(II)/2020-07(46)/2008 thereby directing the revenue authorities for regularization of Varg 4 land in possession of different persons. The petitioner applied for regularization of the aforesaid land in his favour before the respondent no.2. The respondent no.2 orally apprised the petitioner that an exparte order is operating against the father (deceased) of the petitioner since 13/12/1975 under the proceedings of under Sec. 122B of U.P. Zamindari Abolition and Land Reforms Act, 1950. The petitioner thereafter preferred the proceedings for cancellation of the aforesaid order, as it was passed against a dead person on the ground that his father died on 2/3/1971. The said application was registered as Revision No. 01 of 2021-2022 and was disposed of 13/12/1975 by the learned Additional Collector, Finance and Revenue, Haridwar. The matter was remitted back to the lower Court for taking further action. It is appropriate to take the extract operating portion of the order passed by the learned Additional Collector, Finance and Revenue, Haridwar, which reads as under:

(3.) It is now submitted by the learned Deputy Advocate General for the State that since the area is under consolidation operation, the regular revenue authorities cannot take decision and only the Consolidation Authorities are entitled to take any decision.