NARESH DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Amit Kumar Chaudhary, learned counsel for the peti-tioners, Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel and Mr. Pankaj Kumar, learned Standing Counsel for the State, Mr. Chetan Chatterjee and Mr. Sunil Kumar Mishra, learned counsel for proposed respondent Nos. 7 and 8 and Mr. Kaushal Kishore Mani, learned counsel for the Gaon Sabha in Writ-B No. 2127 of 2025.

(2.) Heard Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Amit Kumar Chaudhary, learned counsel for the petitioners and Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel and Mr. Pankaj Kumar, learned Standing Counsel for the State in Writ-B No. 2451 of 2025.

(3.) Brief facts of the case are that village-Dhekka Kala, Pargana Sarsawa, Tehsil-Nakud, District-Saharanpur came under the consolidation operation by way of notification issued on 18/6/1994 under Sec. 4 (2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as " U.P.C.H. Act"). Notifica-tion under Sec. 9 of U.P.C.H. Act was published on 5/10/2001 and notification under Sec. 10 of U.P.C.H. Act was published on 29/10/2004. Notification under Sec. 20 of U.P.C.H. Act was published on 27/7/2009. In the year 2011 proceeding for chak allotment/ delivery of possession as provided under Sec. 24 of U.P.C.H. Act was started. Some of the villagers have filed application be-fore the District Magistrate, Saharanpur on 10/10/2012 regarding irregularities alleged to be committed by the Consolidation authorities. The copy of the application dtd. 10/10/2012 was also sent before Respondent No. 2-Consolidation Commissioner Uttar Pradesh, Lucknow. On the basis of the aforementioned application, the Consolidation Commissioner Uttar Pradesh directed the Dis-trict Magistrate as well as Settlement Officer Consolidation to initiate the inquiry in the matter. In pursuance of the aforementioned direction, inquiry was conducted by Assistant Consolidation Officer and report dtd. 8/5/2013 was submitted. Respondent No. 5-Consolidation Committee passed the order dated 15.5.20025 whereby delivery of possession has been directed to be made in the village. Petitioners have moved representations dtd. 7/5/2025, 14/5/2025 before the District Magistrate, Saharanpur, with the prayer that the proceeding delivery of possession is going on in illegal manner under the influence of the certain person. Hence, both the aforementioned writ petitions have been filed for the following relief:-