NEELAM CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) R. H. Zaidi, J. 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 Behraich (now District Shrawasti) and petitioner No. 8 the Con solidation Committee Unit Akraura, pray for issuance of a Writ order or direction in the nature of ceniorari to quash the order dated 19-9-98 whereby the request of the petitioners to stop consolidation proceed ings 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 con solidation proceedings in the village, to insist upon the authorities to cancel the consolidation proceedings in the said vil lage and to conduct the proceedings afresh, on the ground that certain ir regularities were committed by the con solidation staff posted in the circle. The said resolution is stated to have been com municated to various authorities named in the Annexure No. 4-A to the writ petition, by post on 24-4-98. Since no action on the said resolution was taken by any one of the authorities, the petitioners approach this Court and filed a writ petition No. 396 (Cons.) of 1998; Smt. Neelam Chaud hary and Others. v. State of U. P. and Others. The said writ petition was disposed of finally by order dated 3-8-98 by this Court, which is quoted below: "the petitioner has already approached the Deputy Director (Consolidation) against the consolidation scheme of the village. The Deputy Director stayed the scheme for fifteen days only and thereafter did not pass any order. 'i am of the view that the Deputy Director of (Consolidation) should pass order on merit expeditiously say within six weeks from the date a certified copy of this order is produced before him. 'with aforesaid observation this writ peti tion stands finally disposed of. "

(3.) 1 have considered the rival submis sions made by the learned Counsel for the parties and also perused the record.