RAJJO DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State -respondents. This writ petition has being filed challenging an order dated 29.07.2015 whereby a prayer made by the petitioner for demarcation and delivery of possession has been refused, on account of pendency of a revision No.23/14 -15.

(2.) A prayer has also been made for issuance of a mandamus directing the respondents to demarcate and handover the possession of plot no.237 to the petitioner. The case of the respondents is that delivery of possession was affected in the unit in the year 2002. The notification under Section 52 of the Act was issued on 15.12.2004 bringing the consolidation operations to a close. Thereafter the petitioner purchased land of plot no.237 by means of a registered sale deed dated 01.09.2006 executed by Ranveer Singh.

(3.) Several applications for demarcation and possession have been filed by the petitioner thereafter. One such application was made in February 2015 to the Additional Commissioner, Aligarh Division, Aligarh. This application was marked to the District Magistrate who in turn remitted the same to the Consolidation Officer. A report was submitted that one Ram Babu son of Thakur Das was in possession over plot no.237 and had sown crops thereon. Once the crops are harvested, possession could be handed over to the petitioner. On its basis, a letter to the same effect was issued by the District Magistrate on 29.05.2015. Since it was the case of the respondents that delivery of possession have been effected in the year 2002 itself and consolidation operations had come to close in the year 2004, this Court, prima - faice, being of the opinion that the report and the letter of the District Magistrate issued on the basis of the report aforemention was beyond jurisdiction, summoned the Consolidation Officer and the Collector, Hathras.