KABOOTRI Vs. CONSOLIDATION OFFICER LAKHIMPUR KHERI

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioners and perused the averments contained in the writ petition. It appears that objections under Section 9 -A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) were filed by the Petitioners in respect of their respective lands to which they claimed to be tenure -holders in possession. These objections are said to have been dismissed in default and on that very day restoration applications were moved before the Consolidation Officer and the same have been restored and are still pending awaiting decision on merits. In the meantime, it is alleged that proceedings for preparation of Provisional Consolidation Scheme started in the village regarding carnation of chaks by bringing the land in dispute into common pool. Petitioners of this writ petition want that proceedings for preparation of provisional consolidation scheme under Section 19 and 19A of the Act be stayed. Learned Counsel contended that unless all the objections under Section 9 -A(2) of the Act are determined, the Consolidation Authorities cannot proceed to prepare the provisional consolidation scheme under Chapter III of the Act. I am unable to agree with this contention. Sub -section (2) of Section 20 of the Act, which deals with the matter, reads as follows:

(2.) THE writ petition, being devoid of merits is accordingly dismissed in limine subject to the observations made above.