JANARDAN RAI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Smt. Archana Singh for the petitioner, Standing Counsel for respondents -1 to 3, Sri Udham Singh for respondent -4 and Sri Q.H. Siddiqui for the respondent -5. The writ petition has been filed for a mandamus directing the consolidation authorities to give possession over plot no. 174 (area 0 -11 -7 bigha), situated in village Basuka, tehsil Zamania, district Ghazipur.

(2.) IT has been stated that during allotment of the chaks, there was shortage of the valuation of the petitioner. In order to cover the shortage, a reference was made in favour of the petitioner which has been accepted by DDC by order dated 14.2.2000. However, in spite of the order of DDC, the shortage of the area, which has been proposed to be allotted to the petitioner in the reference, has not been allotted to the petitioner on the spot. In the meantime, the Gaon Sabha has authorized the U.P. Jal Nigam to construct an overhead tank on the plots which have been allotted to the petitioner by the order dated 14.2.2000. Subsequently, the Pradhan has filed an application on 22.5.2010 for recall of the order dated 14.2.2000, which is still pending. The petitioner was not getting possession over the land as allotted to him by the order dated 14.2.2000, as such, the petitioner also filed an application dated 26.2.2011 before the District Deputy Director of Consolidation, either for delivering possession over the land as allotted by the order dated 14.2.2000 or to give any alternative place in order to cover the shortage of the valuation of the petitioner. The District Deputy Director of Consolidation by order dated 26.11.2011 has directed the Deputy Director of Consolidation to dispose of the application of the petitioner. However, neither the application of the petitioner dated 26.2.2011 has been disposed of, nor any order has been passed on the application of Pradhan dated 22.5.2010.

(3.) IN the circumstances, the writ petition is disposed of with direction to Deputy Director or Consolidation (respondent -2) to decide the application of the petitioner dated 26.2.2011 as well as the application of Pradhan dated22.5.2010 within a period of two months from the date of producing a certified copy of this order.