Court No. - 36
Case :- WRIT - B No. - 3295 of 2018 Petitioner :- Chhote Lal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Suphal Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioners and learned Standing Counsel for respondent nos.1 to 4.
The order dated 26.12.2017 passed by the Deputy Director of Consolidation in reference No.82/17-18 under Section 48(3) of U.P. Consolidation of Holdings Act has been challenged in the present petition. The contention of learned counsel is that the Deputy Director of Consolidation passed the order impugned simply accepting the report of the Settlement Officer Consolidation without independent application of his own mind.
Said submission of learned counsel for the petitioner is apparent from the perusal of the order impugned. A reference was submitted by the Consolidation Officer to the effect that names of certain persons have wrongly been recorded in Gata no.2495 (new Gata no.1454 area 0.297 hectare) and the said land was the land of "Talaab". The remaining area of new Gata no.1454 be also recorded as a public pond.
The objection of the petitioners claiming their right over the land in question on the basis of sale deed dated 23.05.1985 executed by the recorded tenure holder was not given consideration at all though the said assertion was recorded in the initial part of the order impugned. As the order impugned is devoid of reasons, this Court does not find any justification to sustain the same.
Resultantly, the order dated 26.12.2017 is hereby quashed. The matter is remitted back to the Deputy Director of Consolidation for fresh consideration on the merit of the objection raised by the affected parties to whom notices have been issued on the reference.
A reasoned and speaking order in accordance with law shall be passed considering the entries in the revenue records.
It goes without saying that in the proceeding under Section 48 (3) of U.P. Consolidation of Holdings Act the Deputy Director of Consolidation enjoins wide power to look to the record and undo all illegality/irregularities committed by any of the Subordinate authorities. Since the matter pertains to the public utility land, the Deputy Director of Consolidation is hereby directed to take an expeditious decision preferably within a period of four months from the date of submission of certified copy of this order.
It is made clear that the Court has not entered into the merits of the claim made by the petitioners herein. The Deputy Director of Consolidation shall pass the order independently without being influenced by any of the observation made herein above.
With the above observations and direction the writ petition is allowed.
Order Date :- 28.3.2018 Himanshu