Court No. - 9
Case :- WRIT - B No. - 5421 of 2018 Petitioner :- Ashok Kumar And Another Respondent :- District Deputy Director Of Consolidation And 39 Others Counsel for Petitioner :- Vipin Kumar,Satendra Kumar Singh,Suresh Chandra Varma Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard Shri S.C. Verma, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
Vide order dated 22.10.2018, learned Standing Counsel has been directed to obtain instructions. The instructions received were supplied to counsel for the petitioner and another copy was taken on record.
The contention of counsel for the petitioner in the writ petition is that long after the close of consolidation operations, a reference appears to have been prepared under Section 48 (3) of the U.P. Consolidation of Holdings Act and the said reference has, after rejecting an objection filed by the petitioner, been held to be maintainable. Hence this writ petition.
From the instructions received, it transpires that the allegations raised on behalf of the State are of large scale bungling during consolidation operations. The consolidation authorities are alleged to have valued land, which was otherwise land fit to be excluded from consolidation operations and has allotted them to various tenure holders, to grant undue benefit to such tenure holders to the manifest detriment of the Gaon Sabha.
The instructions also state that disciplinary action against the erring consolidation authorities is also under contemplation.
Besides, from a perusal of the impugned order, it transpires that no final order effecting the rights of the petitioner has been passed as yet and the matter is still subjudice.
In the factual background noticed above, this Court does not consider it appropriate to interfere in the matter at this stage.
The writ petition is, therefore, dismissed at this stage because the petitioners have the option of approaching this Court once an order is passed in the pending proceedings which may cause prejudice to them, raising all such pleas therein, which may be available to them under law.
Order Date :- 31.10.2018 Mayank