RAM JIYAWAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Rahul Kumar Tyagi, learned counsel for the petitioners, Shri Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State respondents.

(2.) Supplementaryaffidavit on behalf of the petitioners is taken on record.

(3.) Brief facts of the case are that Village Tendua Pargana Badhahar Tehsil Ghorawal District Sonbhadra came under operation of U.P. Consolidation of Holdings Act, 1953 hereinafter referred to as U.P.C.H. Act by way of notification issued under Sec. 4 of U.P.C.H. Act. During consolidation proceeding, an order dtd. 5/9/2003 was passed by Consolidation Officer deciding the interse dispute between petitioners and respondent No. 4. Against the order of Consolidation Officer dtd. 5/9/2003, an appeal was filed before Settlement Officer Consolidation which was dismissed vide order dtd. 29/6/2006. Contesting respondent No. 4 filed a revision under Sec. 48 of U.P.C.H. Act before Deputy Director of Consolidation against the appellate order dtd. 29/6/2006 which has been registered as revision Nos. 32/ 138 of 2007. During pendency of the aforementioned revision, an order dtd. 17/11/2006 was passed by District Magistrate/ District Deputy Director of Consolidation Sonbhadra on the basis of the order/ letter dtd. 20/4/2006 issued by Consolidation Commissioner, U.P., Lucknow for cancelling the proceeding up to the stage of Sec. 20 of U.P.C.H. Act and for initiating fresh consolidation proceeding in the Village in question. On the basis of the order dtd. 17/11/2006 passed by District Magistrate/ District Deputy Director of Consolidation, an order dtd. 19/6/2007 was passed by respondent No. 2 staying the proceeding of revision No. 32/ 138 under Sec. 48 (1) of U.P.C.H. Act. In pursuance of the order dtd. 17/11/2006, proceeding under Sec. 8 of the U.P.C.H. Act was completed in the Village on 20/9/2009/ 23/11/2012, proceeding under Sec. 9 of the U.P.C.H. Act was completed on 31/12/2012 and proceeding under Sec. 20 of U.P.C.H. Act was completed on 28/2/2014. Village in question was notified under Sec. 23 of U.P.C.H. Act on 4/6/2015 and notification under Sec. 52 (1) of U.P.C.H. Act in respect to the Village in question has been issued on 16/6/2017. Petitioners filed an application dtd. 3/3/2023 before Consolidation Officer in the proceeding under Sec. 9A (2) of U.P.C.H. Act stating that in view of the earlier adjudication take place between the parties by consolidation authorities, the petitioners are entitled to be recorded over the plot in question and no further adjudication is required in the matter. The aforementioned application dtd. 3/3/2023 filed by petitioners has been rejected by Consolidation Officer vide order dtd. 29/12/2023 and fix the proceeding for evidence for the parties. Petitioners challenged the order of Consolidation Officer dtd. 29/12/2023 by way of revision under Sec. 48 of U.P.C.H. Act which has been rejected vide order dtd. 14/3/2024. Hence this writ petition for the following relief :