NEELAM CHAUDHARIS Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present petition, under Article 226 of the Constitution of India, petitioner Nos. 1 to 7 who claim themselves to be members of the Consolidation Committee of village Akraura, district Bahraich (now district Sharawasti) and petitioner No. 8 the Consolidation Committee Unit Akraura, pray for Issuance of a writ order or direction in the nature of certiorari to quash the order dated 19.9.1998 whereby the request of the petitioners to stop consoltdation proceedings and to conduct the said proceedings afresh has been rejected and for quashing of the whole consolidation proceedings of the said village. Prayer for issuance of a writ In the nature of mandamus directing the respondents not to finalise/confirm the provisional consolidation scheme and to hold consolidation proceedings afresh from very beginning has also been made.

(2.) It appears that the Gram Sabha of village Akraura adopted a resolution on 15.4.1998 to oppose and boycott the consolidation proceedings in the village, to insist upon the authorities to cancel the consolidation proceedings in the said village and to conduct the proceedings afresh, on the ground that certain irregularities were committed by the consolidation staff posted in the circle. The said resolution is stated to have been communicated to various authorities named in the Annexure-4A to the writ petition, by post on 24.4.1998. Since no action on the said resolution was taken by any one of the authorities, the petitioners approached this Court and filed a Writ Petition Wo. 396 (Cons.) of 1998, Smt. Neelam Chaudhury and others v. State of U. P, and others. The said writ petition was disposed of finally by order dated 3.8.1998 by this Court, which is quoted below :

(3.) The aforesaid order is alleged to have been communicated to the Deputy Director of Consolidation with an application dated 10.8.1998. In obedience of the order passed by this Court, the Deputy Director of Consolidation firstly tried to ascertain the alleged Irregularities committed by consolidation staff in the village which were stated to be 35 in number. Thereafter, he got an inquiry conducted through Consolidation Officer concerned who after conducting the inquiry submitted his report dated 20th of June, 1998 to the effect that out of 35 matters, only in 14 matters some irregularities were detected. The Deputy Director of Consolidation observed that steps were being taken to remove the aforesaid Irregularities. It was also held by the Deputy Director of Consolidation that there were as many as, 762 chaks carved out in the village, out of which In only 118 cases objections were filed by the tenureholders which were about 15 per cent of the total number, of the chak allotment cases. The said percentage of the objections was normal and on the basis of the same, it was not necessary to conduct the consolidation proceedings afresh. Having recorded the said findings, the objection/application of the petitioners was rejected by order dated 19.9.1998 which is impugned in the present petition.