RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petition in hand has been instituted with the solitary prayer of issuing mandamus to the consolidation authority concerned to decide the case lingering adjudication since the year 1985.

(2.) IN the instant case, litigation erupted with the institution of a suit for declaration of sirdari rights in the year 1973 culminated in a decree on 19.4.1974. Thereafter, the matter journeyed upto Board of Revenue and thereafter, the petitioner made application for correction of revenue record. Subsequently, the village was notified for consolidation and consequently, application for giving effect to the orders dated 6.12.1974 and 3.10.1985 was filed which coincided with objection preferred by the respondent Nos. 3 to 7 under Section 9A. It is ever since then that case No. 80 has been lingering decision before the Consolidation Offfcer II, Sikarpur, District Bulandshahr.

(3.) CONSIDERING the nature of relief sought by means of the present petition, I would like to advert to the provisions of the scheme in order to (sic) out whether it conceives expeditious disposal of the disputes between the litigating parties. No doubt, the Consolidation Scheme as embodied in the U. P. Consolidation of Holdings Act was conceived with avowed object of mitigating the hardships of the peasants/ agriculturist and to facilitate access to expeditious disposal of their rights under the Consolidation Act. From time to time, the Legislatures have imported amendments consistent with the felt need of tenure holders. The Statement of Objects and Reasons as contained in the original Act may be extracted below : 'After the enforcement of the U.P. Zamindari Abolition and Land Reforms Act, 1950, there was naturally a pressing demand for the consolidation of holdings in the State. Since the complicated and numerous types of tenures, both proprietary and cultivatory, the greatest stumbling block in the way of successful consolidation of holdings, have been abolished, it is an opportune time to start this work. The advantages of having in compact blocks all the lands farmed by one family need only be briefly mentioned. Boundary lines would be reduced in number and extent, saving land and diminishing boundary disputes, larger fields would be possible and time saved in making trips to the fields. Further if land were all in one piece, barriers, such as fences, hedges and ditches could be erected to obtain privacy and prevent trespassing, thieving and gleaning. The control of irrigation and drainage water would be easier ; control of pests, insect and disease would also be less difficult.'