Court No. - 49
Case :- WRIT - B No. - 2824 of 2019 Petitioner :- Chhatrapal Alias Chhatar Pal Respondent :- The Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Pramod Kumar Sinha Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent No.1 to 3 and Sri Arun Kumar Srivastava, learned counsel put his appearance on behalf of respondent No.4.
The petitioner has preferred the present writ petition with the following prayers:-
"(i) issue a writ, order or direction in the nature of Certiorari calling for the records and quashing the impugned order dated 25.09.2019 passed by the Respondent no.1 in Revision No.214/18-19, Chhatrapal Vs. State of Uttar Pradesh and the order dated 09.04.2015 passed by the respondent no. 2 in Case No.160 land management committee Vs. Virendra Pal Singh and others (Annexure No. 8 & 6 t to the writ petition respectively).
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent not to dispossess the petitioner from the Khata No. 1666 Gata Nos. 416/1 area 0.016 Hectare, 416/2 area 0.128 Hectare, 449 area 0.002 Hectare & 447/1 area 0.020 Hectare total number 4 and total area 0.166 hectare (proposed chak at A.C.O. stage) situated at Village Kira Tehsil Shahabad District Rampur, Uttar Pradesh.
(iii) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) Award cost of the writ petition to the petitioners."
It is argued by Sri Pramod Kumar Sinha, learned counsel for the petitioner that the aforesaid orders were also challenged in Writ B No.2679 of 2019 (Janki Vs. The Deputy Director Of Consolidation And 3 Others). In the aforesaid writ petition, interim protection was granted to the petitioner by another Co- ordinate Bench of this Court vide its order dated 14.11.2019. The order passed in the aforesaid writ petition is quoted below:-
"Shri Arun Kumar Srivastava, Advocate, represents respondent No. 4.
The counsel for the respondents pray for and are granted three months to file their counter affidavit. The petitioner shall have two months thereafter to file his rejoinder affidavit.
List before the Registry which shall fix any date for Admission after counter affidavit and rejoinder affidavit have been filed by the parties. The Registrar may, if necessary, grant further opportunities to the parties to file their affidavits but not more than two further opportunities shall be granted by the Registrar.
Meanwhile, the revenue records may be corrected in pursuance to the impugned order dated 9.4.2015 passed by the Consolidation Officer, Rampur which was affirmed by the Deputy Director of Consolidation, Rampur vide his order dated 25.9.2019 but the petitioner shall not be evicted from the disputed plots"
Matter requires consideration.
All the respondents are granted three months' time to file counter affidavit. Rejoinder affidavit. Rejoinder affidavit, if any, may be filed within two months thereafter.
List this case before Registry along with Writ B No.2679 of 2019.
Meanwhile, the revenue records may be corrected in pursuance to the impugned order dated 9.4.2015 passed by the Consolidation Officer, Rampur which was affirmed by the Deputy Director of Consolidation, Rampur vide his order dated 25.9.2019 but the petitioner shall not be evicted from the disputed plots.
Order Date :- 17.12.2019 Swati