JAGPAL SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION MEERUT

JUDGEMENT

(1.) SHITLA Prasad Srivastava, J. This petition under Article 226 of Constitution of India has been filed by the petitioners for issue of a writ of mandamus directing the authorities to decide about the il legalities before proceeding with the operations after providing opportunity of being heard to the tenure holders and quash the Form No. 23, issued without deciding the pending objections.

(2.) PETITIONERS allegations in the writ petition are that they are the tenure holders in village Saroorpur Khurd in which second time the consolidation operation have been started and for this purpose a notification has been published intheu. P. Ga/. cttcon27-6-1981. Sincethe villagers of the village were not interested in the consolidation operation, as the same was not in the interest of the public as such they approached the higher authorities. It is stated in the writ petition that though the writ petition is being filed by five persons but in fact the writ petition is on behalf of all the villagers and the writ petition is filed in the representative capacity.

(3.) COUNTER-affidavit has been filed by the contesting respondents as well as by the learned Standing Counsel. In para 19 of the counter-affidavit, it is stated that the complaints made by some of the villagers is being inquired by the higher authorities as the then Assistant Consolidation Of ficer Sri Mam Chand has already died in a bus accident and the then Consolidation Officer Sri Chhotey Lal Raghuvanshi has retired. In para 25 of the counter-affidavit, it is slated that the representation of the petitioners is still pending and the present writ petition is not maintainable.