CHANDRIKA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kirtikar Pande for the petitioner and Sri Triveni Shankar, along with Sri Rajesh Kumar Srivastava for the respondents.

(2.) This writ petition has been filed against the order of Consolidation Commissioner, U.P. dated 21.3.2017, by which the representation of the petitioner for closure of consolidation operation in village Srinagar, tahsil Bairia, district Ballia has been rejected and District Deputy Director of Consolidation was directed to complete the consolidation operation in the village.

(3.) By the notification under section 4 of U.P. Consolidation of Holdings Act, 1953 dated 19.8.2009, consolidation was started in village Srinagar, along with other villages. On behalf of Gaon Sabha, Writ Petition No. 1422 of 2005 was filed before this Court for closing of consolidation operation in the village. This writ petition was pending and in the meantime, another writ petition was filed by Brighu Nath Lal, i.e. Writ Petition No. 16046 of 2006. Both the writ petitions were consolidated and dismissed by this Court and a direction has been issued to the consolidation authorities to conclude the consolidation operation in the village, as early as possible. When the consolidation proceeding was again undertaken by the consolidation authorities, then a representation was made to Consolidation Commissioner, U.P. to close the consolidation operation, exercising power under section 6 of the Act. This representation was allowed by Consolidation Commissioner, U.P. by order dated 5.6.2013 and the consolidation operation in the village was closed. The order dated 5.6.2013 was challenged in Writ B No. 46366 of 2013 by Brighu Nath Lal. The writ petition was allowed by this Court by judgment dated 18.11.2015. Notification of Consolidation Commissioner, U.P. dated 5.6.2013 was quashed with liberty to Consolidation Commissioner, U.P. to pass fresh order in the representation. Thereafter, Consolidation Commissioner, U.P. again called for a report from District Deputy Director of Consolidation, who submitted his report dated 25.2.2016, holding that the villagers were not opposing the consolidation operation in the village. Thereafter, Consolidation Commissioner, U.P. by order dated 28.4.2016 recalled the notification dated 5.6.2013 under section 6(1) of the Act and directed the consolidation authorities to complete the consolidation operation in village Srinagar. It appears that the petitioner filed a fresh representation before the Consolidation Commissioner, U.P. and thereafter, he filed a writ petition, i.e. Writ B No. 42762 of 2016, in which, this Court has directed the Consolidation Commissioner, U.P. to decide the representation of the petitioner within six months. In pursuance thereof, the impugned order dated 21.3.2017 has been passed, rejecting the representation of the petitioner and directing the consolidation authorities to complete the consolidation proceeding, as early as possible.