AMARJIT KAUR Vs. STATE OF U.P

JUDGEMENT

(1.) Heard the counsel for the petitioners, the Standing Counsel representing respondent nos. 1 to 5 and Sri Bhupendra Kumar Tripathi, Advocate representing respondent no. 6.

(2.) The facts as stated in the writ petition are that the petitioners were allotted the disputed plots in 1966. However, during the consolidation operations in the village, the Consolidation Officer vide his order dated 31th July, 1970 cancelled the allotments made in favour of the petitioners. The petitioners filed an appeal before the Settlement Officer of Consolidation against the order of the Consolidation Officer and the said appeal was allowed by the Settlement Officer of Consolidation vide his order dated 26th July, 1984 and the matter was remanded back to the Consolidation Officer to pass fresh orders in accordance with law. No orders have yet been passed by the Consolidation Officer and the matter is still pending before him. Meanwhile, the revenue authorities tried to take possession of the disputed plots without there being any order cancelling the allotment of the petitioners and, therefore, the petitioners filed applications before the Consolidation Officer who vide his order dated 29th June, 2020 directed the parties to maintain status-quo regarding the disputed plots. Subsequently, on 9th July, 2020, the State Government filed a revision against the order dated 26th July, 1984 passed by the Settlement Officer of Consolidation and in the said revision, notices have been issued to the petitioners. However, no orders either on merit or on the issue of delay in filing the revision have yet been passed by the Deputy Director of Consolidation in the revision filed by the State Government. Meanwhile, proceedings under Sec. 67 of the Uttar Pradesh Revenue Code, 2006 were also instituted and notices dated 5.3.2020 have been issued to the petitioners by the Assistant Collector.

(3.) It has been stated by the petitioners in the writ petition that the petitioners have submitted their reply before the Assistant Collector in which they have brought to his notice the facts previously stated in the present order and in Paragraph Nos. 28 and 29 of the writ petition, it has been stated that proceedings instituted under Sec. 67 of the Uttar Pradesh Revenue Code, 2006 are still pending. However, the Tehsildar, Puwanya, District Shahjahanpur, i.e., respondent no. 3 has issued a press notice dated 18th August, 2020 notifying that vide order dated 23rd July, 2020, the District Magistrate has directed that the standing crops on the disputed plots be auctioned and consequently date has been fixed for auction of the crops standing on the disputed plots.