Court No. - 21
Case :- WRIT - B No. - 973 of 2021 Petitioner :- Dash Rath Singh Respondent :- Deputy Director Of Consolidation, Etawah And Others Counsel for Petitioner :- Naresh Kumar Pal Digitally signed by Justice Dinesh Pathak Date: 2021.07.29 13:42:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Dinesh Pathak,J.
Heard Shri Naresh Kumar Pal, learned counsel for the petitioner, learned Standing Counsel for the State of U.P. and perused the record.
Grievance of the petitioner is that chak of the petitioner i.e. chak no.355, situated at Mauja-Sinhua, Tehsil-Bharthana, District-Etawah has illegally been disturbed by the Deputy Director of Consolidation in proceeding under Section 48(3) of U.P. Consolidation of Holdings Act, 1953 (in brevity "U.P.C.H. Act") on the objections having been filed by Rakesh Chandra (respondent No.4) under Section 9A(2) of U.P.C.H. Act.
It is submitted that Consolidation Officer as well as Settlement Officer of Consolidation have made reference under Section 48(3) of U.P.C.H. Act with respect to Chak nos. 960, 1260, 664 and 362, but DDC has entertained the application filed by Rakesh Chandra under Section 9A(2) of U.P.C.H. Act directly and disturbed the chak of the petitioner without issuing any notice to the petitioner as well as without affording opportunity of hearing to him.
Matter requires consideration.
Issue notice to respondent nos. 4, 5, 6 and 7 returnable at an early date.
In the meantime, both the parties are directed to exchange their respective affidavits.
List this matter in the week commencing 20.09.2021.
Present petition has been filed at a highly belated stage against the order dated 31.05.2016, therefore, no good ground is made out for interim order in favour of the petitioner.
Accordingly, stay application is rejected.
Order Date :- 29.7.2021/Sachin