SUBHASH CHAND Vs. STATE OF U P

JUDGEMENT

(1.) This is an application seeking recall of the final judgment and order dated 09.07.2007. The petitioners therein approached this Court seeking a writ of certiorari to quash the process of transfer of possession of the land situate in village in question in pursuance to the consolidation operations. Though the relief claimed in the writ petition was not very happily worded, but as a matter of fact, the petitioners, who are tenure holder of the land situate in the village in question, were basically aggrieved by the procedure adopted while preparing Statement of Principles during consolidation operations. The petitioners and other tenure holders of the village were dissatisfied on account of the irregularities and illegalities committed by the consolidation staff in fixing valuation of the plots and determining exchange ratio etc. Various complaints were moved, but when the same was not addressed, some of the tenure holders approached this Court by filing Writ Petition No. 22251 of 2000, which was disposed of vide order dated 11.05.2000 directing that the matter in respect of valuation of the plots etc. be decided by the Consolidation Officer in accordance with law.

(2.) When still the grievance was not addressed, again Writ Petition No. 48898 of 2003 was filed. This petition was also disposed of and Assistant Consolidation Officer/Consolidation Officer, Baraut, tehsil Baraut, district Baghpat was directed to pass appropriate speaking order in accordance with law in compliance of the judgment and order dated 28.09.1995. It may be relevant to point out that vide order dated 28.09.1995, Assistant Settlement Officer Consolidation, Ghaziabad set aside all the orders passed in respect of allotment of chaks up to the stage of Consolidation Officer and remanded the matter back to the Consolidation Officer to hear and decide the objections of the parties on merit in accordance with law.

(3.) It appears that thereafter an enquiry into the complaints made by the tenure holders was conducted by the Consolidation Officer, Baghpat, who submitted his report dated 06.01.2004 pointing out the irregularities and illegalities in the preparation of the provisional consolidation scheme.