HARPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) KRISHNA Murari, J. This writ petition has been filed by 51 tenure-holders of village Chindauri Tehsil Sardhana District Meerut claiming a writ of mandamus to direct the consolidation authorities to reassess the valuation of the plots, trees, wells and other improvements and also to record correct shares of the co-tenure- holders in the holdings and accordingly, issue fresh C. H. Form No. 5 and then proceed with the consolidation operation. A further relief of certiorari has been claimed to quash the entire proceedings undertaken by the authorities after order of remand dated 17-5-1989 passed by the Settlement Officer Consolidation. Briefly stated the facts are as under:

(2.) THE village in question was notified for consolidation operation vide notification issued under Section 4a (2) of U. P. Consolidation of Holdings Act (for short 'the Act') published in Gazette dated 10-7-1980. After publication of the provisional consolidation scheme various objections were filed by the tenure- holders on the ground that a large number of illegalities and irregularities have been committed by the sub-ordinate consolidation staff in revision of filed books, determination of valuation of the plots and exchange ratio etc. Against the order passed by the Consolidation Officer, 72 appeals were filed before the Settlement Officer Consolidation who consolidated all the appeals and vide order dated 17-5- 1989 set aside the provisional consolidation scheme and directed to prepare a fresh scheme after redetermination of the valuation of the plots in the presence of the parties, making provision for chak road, nali etc. After the aforesaid order, the matter remained pending. THE consolidation authorities again restarted consolidation proceedings sometimes in 2004 and January, 2005 without framing fresh consolidation scheme as directed by Settlement Officer Consolidation in its order dated 17-5-1989. Aggrieved the petitioners made representations dated 5-4-2005 and 2-5-2005 before the Consolidation Commissioner. THE Consolidation Commissioners, after considering the representation filed by the petitioners, vide order dated 21-5-2005 directed the Settlement Officer Consolidation to ensure compliance of the order dated 17-5-1989. Still when nothing was done by the consolidation authorities to frame a fresh consolidation scheme the petitioners have approached this Court.

(3.) SRI N. C. Rajvanshi, Senior Advocate appearing for various tenure-holders, who have sought impleadment in the writ petition, has urged that vide order dated 17-5-1989 only valuation of plot No. 244 and adjacent plots, plots of lease holders and plots of Gaon Sabha was directed to be revalued. He also urged that in pursuance of the order of remand, a meeting between consolidation committee and tenure-holders was held in which it was resolved that tenure-holders of plot No. 244 shall be allotted their original holding and lease holder shall be given their original plots and as such, there was no need to refix the exchange ratio.