RAM SUNDER SINGH Vs. RAM MOHAN SINGH

JUDGEMENT

(1.) NORMALLY this court, in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India, is reluctant to interfere ' with orders passed by the Consolidation Authorities in proceedings initiated under Section 20 of the U. P. Consolidation of Holdings Act for allotment of chaks. But the facts of the case are so glaring that it leaves one bewildered.

(2.) THE facts of this case speak for themselves. THEy demonstrate the arbitrary exercise of power by an authority who is entrusted with the pious responsibility of adjudicating claims of mostly poor, illiterate and ignorant agriculturist. In provisional consolidation scheme prepared under Section 20 of the Act chak nos. 164, 127 and 132 were proposed to be allotted to petitioner, opposite party no. 2 (Siddique) and Mubarak father of opposite party no. 2 respectively. Plot no. 150 belonging to Siddique or Mubarak was shown in chak no. 164. Notices of this were served on tenure-holders and no objections were filed either by Siddique or Mubarak. Possession was delivered on 1-7-71. After eight months of finalisation of scheme both Siddique and Mubarak filed separate objections on 23-8-71 under Section 21 (1) before Assistant Consolidation Officer claiming allotment on their original numbers 193 and 194 and in the alternative on 149 and 150. THE objections were referred to Consolidation Officer who dismissed them on 6-10-71 after hearing and making local inspection. THE finding recorded by him indicates the state of affairs which existed at the spot and throw light on the conduct of Siddique :

(3.) THE last stage of the drama starts with fixation of 26-1-1972 (Republic day) for local inspection. THE notice of this was served on the petitioner, the same day (26-1-72) at 10.30 A.M. THE assertion that Sri Ram Mohan Singh reached at 5.30 P. M. is not admitted but what is stated is interesting that he reached in time. No details have been given nor Siddique has stated the time at which Sri Singh was expected to visit village. THE petitioner's son who appeared before Sri Singh was asked to accept Rs. 100/- as compensation for making improvement on the land (finding of Consolidation Officer) and on his ref usual he was directed to appear on 1-2-72 in court. By now the petitioner grew apprehensive and an application dated 31-1-72 along with an affidavit giving all facts and requesting the Deputy Director not to pass any order without hearing him was filed. THE allegations stand admitted as the filing of the application is not denied. It it stated, "alleged application and affidavit have been moved with incorrect facts." THE allegations in paragraph 40 of the petition are :