KRIPA NARAIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) The instant writ petition is preferred challenging the orders dated 13.2.1985, passed by Deputy Director of Consolidation. Gorakhpur and 19.7.1984, passed by Settlement Officer, Consolidation. Gorakhpur and also for a direction in the nature of mandamus restraining respondents to proceed Under Section 20 of U. P. Consolidation of Holdings Act (hereinafter referred to as the Act) regarding allotment proceedings unless objection Under Section 9 of the Act are determined.

(2.) Initially, this Court stayed proceedings Under Section 20 of the Act regarding disputed land in village Tikaria, Tappa Gaura, Pargana Haveli, tehsil Sadar, district Gorakhpur. Petitioners raised a dispute with regard to their shares claiming co-tenancy after notification Under Section 9 of the Act. A number of objections were filed before Consolidation Officer, which were not decided and proceedings Under Section 20 of the Act were initiated by Assistant Consolidation Officer. Proposal of allotment of chaks vis-?-vis various tenure holders of village was initiated.

(3.) Petitioners raised their grievance that authority cannot preempt allotment of chaks as title dispute was pending before the authority Under Section 9 of the Act. Settlement Officer, Consolidation stopped allotment proceedings at the first instance but subsequently vacated stay order on 19.7.1984. A copy of which is annexe das Annexure1 to the writ petition.