RAMKUNWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This matter has been nominated to this Bench by the Hon'ble The Chief Justice vide order dtd. 24/1/2025.

(2.) Heard Mr. Vinod Kumar Upadhyay, learned counsel for the petitioner and Mr. Tarun Gaur, learned standing counsel for the state respondents.

(3.) Brief facts of the case are that village Atali, Pargana and Tehsil Budhana, District Muzaffarnagar came under consolidation operation by way of notification issued on 16/12/1983, under Sec. 4 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act") and till date, consolidation operation has not been concluded in the village in question. Civil Misc. Writ petition No. 11378 of 1991 (Rajpal Singh v. State of U.P. and others) was filed before this Court and consolidation proceedings of the Village Atali was stayed by this Court. The aforementioned writ petition No. 11378 of 1991 was disposed of finally vide order dtd. 28/11/2007, directing the Consolidation Commissioner to decide the grievance of parties within period of three months. In compliance of the order of this Court dtd. 28/11/2007, Consolidation Commissioner, U.P., Lucknow decided the dispute/representation of Rajpal Singh and others vide order dtd. 26/11/2008. In pursuance of the order of Consolidation Commissioner dtd. 26/11/2008, consolidation operation/proceeding proceeded before the consolidation authorities. Settlement Officer Consolidation vide order dtd. 18/1/2010 setaside the proceeding upto the stage of Sec. 8 of U.P.C.H. Act of village Atali and directed the consolidation authorities for fresh partal in the village as well as for conclusion of chak carvation proceeding within period of four months. One title appeal was decided by Settlement Officer Consolidation vide order dtd. 1/10/2020, affirming the order dtd. 18/1/2010 as well as remitted the matter before Consolidation Officer. Revision under Sec. 48 of U.P.C.H. Act filed against the order dtd. 1/10/2020 is pending before revisional court. Hence this writ petition on behalf of petitioner for following relief: