DESH RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pramod Kumar Dwivedi, learned counsel for the petitioners and learned Standing Counsel representing the respondent nos.1 to 4 and perused the record.

(2.) Present writ petition has been filed by the petitioners for the following reliefs:-

(3.) It is submitted by learned counsel for the petitioners that the village Oran was notified under sec. 4 (2) of the U.P. Consolidation of Holdings Act, 1953 (in brevity 'U.P.C.H. Act') by notification promulgated on 5/5/1972. Subsequently, aforesaid notification was cancelled by notification dated June 7, 2016 issued under sec. 6 (1) of the U.P.C.H. Act. In paragraphs 5 and 6 of the petition it is stated that the Consolidation Officer has passed the order dtd. 14/11/1977 in Case No.10686 under sec. 9-A (2) of the U.P.C.H. Act which had never been challenged and became final between the parties. It is submitted that the aforesaid order was passed during consolidation operation before its cancellation, wherein village/unit cease to be under consolidation operation by virtue of notification dated June 7, 2016 under sec. 6 (1) of the U.P.C.H. Act. Despite repeated requests made by the petitioner, till date authorities concerned are not complying with the order dtd. 14/11/1977 which became final between parties. To the best knowledge of the petitioner till date aforesaid order has not been challenged before any competent Court. It is further submitted that the Consolidation Authorities are under legal obligation to implement the order dtd. 14/11/1977 under the provisions as enunciated under sec. 6 (2) of the U.P.C.H. Act. Learned counsel for the petitioners, in support of his submission, has placed reliance on the judgment passed by this Court in Writ B No.695 of 2021 (Shankar Lal vs. State of U.P. and others).