CHANDRASHEKHAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

(2.) Present writ petition has been filed challenging the order dtd. 4/3/2022 (Annexure-8) passed by the Consolidation Commissioner (respondent no. 4), rejecting the representation dtd. 31/12/2021 moved by one Awadhesh Mishra, in pursuance of the order dtd. 18/11/2021 passed by this Court in Writ-B No. 1764 of 2021; Awadhesh Mishra vs. State of U.P. and 3 Others (Annexure-7). Grievance of the petitioner is that village Chandadih, Pargana Sikendarpur, Tehsil Belthara Road, District Ballia has illegally been brought under the consolidation operation by issuing notification under Sec. 4-A of the U.P. Consolidation of Holdings Act (in brevity 'U.P.C.H. Act') promulgated on 27/5/2016 and the Consolidation Commissioner has illegally rejected the representation without adverting to the grievance raised before him. Facts culled out from the averments made in the writ petition are that some of the villagers have shown their dissatisfaction against the issuance of notification under Sec. 4-A of the U.P.C.H. Act, inter alia, on the grounds that previously, consolidation operation had already been finalized in the year 1971 and there was no occasion to carry out second round consolidation operation. Feeling aggrieved against the said notification under Sec. 4-A of the U.P.C.H. Act, one Awadhesh Mishra had filed writ petition before this Court challenging the said notification being Writ-B No. 1764 of 2021 (Awdhesh Mishra vs. State of U.P. and 3 Others). While deciding the said writ petition, this Court has observed that there was a sharp division of opinion amongst the villagers qua carrying out second round consolidation operation. Some of the villagers are in favour of carrying out consolidation operation and some are in favour of cancellation of the notification, consequently, this Court, vide order dtd. 18/11/2021, has disposed of the writ petition with a direction to the Consolidation Commissioner to decide the representation of the petitioner, which is quoted herein below :-

(3.) In pursuance of the order dtd. 18/11/2021, respondent no. 4 has passed impugned order dtd. 4/3/2022 rejecting the representation dtd. 31/12/2021 moved by Awadhesh Mishra (petitioner in Writ Petition No. 1764 of 2021) for cancellation of the notification under Sec. 4A of the U.P.C.H. Act and has further directed to the authorities concerned for preparation of the provisional consolidation scheme as enunciated under Sec. 19 and 19A of the U.P.C.H. Act.