Court No. - 44
Case :- WRIT - B No. - 1506 of 2019 Petitioner :- Chandra Kant Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Durga Singh,Brijesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Durga Singh, learned counsel for the petitioner and learned Standing Counsel.
Present writ petition has been filed for the issuance of writ of mandamus directing the Consolidation Commissioner to consider and decide the representation dated 15.3.2019, annexure-3 to the writ petition within stipulated time.
Contention of learned counsel for the petitioner is that by means of said representation, petitioner has approached for cancellation of consolidation proceeding in village Pathartal, Pargana Khariagarh, Tehsil Meja, District Allahabad for irregularity or illegality mentioned in the representation.
Learned Standing Counsel submits that power under Section 6 (1) of U.P.C.H. Act is to be exercised by Consolidation Commissioner/State of U.P. and the said representation should be considered.
In view of the above, writ petition is formally disposed of providing that Consolidation Commissioner, U.P. at Lucknow should consider the said representation made by the petitioner and other villagers under Section 6 (1) of the Act in accordance with law after hearing all the affected parties by issuing notice to them, expeditiously, preferably, within a period of six months from the date of production of its presentation.
However, it is made clear that this Court has not expressed its opinion on merits of the claim made by the petitioner and other villagers.
Order Date :- 29.5.2019 Noman