GRAM SWARAJ UDYOG SAMITI Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri Ram Niwas Singh for the petitioner and Ms. Archana Hans for the respondent.

(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 18.7.1989 passed in reference proceeding under Section 48(3) of U.P. Consolidation of Holdings Act, 1953(hereinafter referred to as "the Act") by which the reference sent by the subordinate authorities for reserving of plot no.2750, area 0.23 acre of village Dhanapur, pargana Mahaich, district Varanasi(at present Chandauli) has been reserved for the purpose of "Shaheed Smarak Pustakalaya and Vachnalaya".

(3.) Under the Government Scheme "Shaheed Smarak Pustakalaya and Vachnalaya" has to be opened and for that purpose the Collector, Varanasi was asked to make available the land for construction of the building. Additional Collector, Varanasi wrote a letter dated 16.1989 to Settlement Officer, Consolidation to find out land within his circle for construction of "Shaheed Smarak Pustakalaya and Vachnalaya". Settlement Officer, Consolidation directed Consolidation Officer by letter dated 27th June, 1989 for sending his report regarding availability of the land. In pursuance thereof Assistant Consolidation Officer submitted his report along with resolution of Land Management Committee of village Dhanapur, Varanasi to construct the building of "Shaheed Smarak Pustakalaya and Vachnalaya" on plot no.2749, area 0.07 acre and plot no.2750, area 0.23 acre. Accordingly, a report has been prepared and reference was sent to Consolidation Officer through report dated 106.1989, which was forwarded by Consolidation Officer to Settlement Officer, Consolidation through his note dated 5.7.1989 and in turn it came to Deputy Director of Consolidation which has been accepted by the impugned order dated 187.7.1989. Hence, this writ petition has been filed.