Court No. - 1
Case :- WRIT - C No. - 16285 of 2017 Petitioner :- Iqbal Mohd. Khan & 2 Others Respondent :- State Of U.P. Thru Secy. And 4 Others Counsel for Petitioner :- Vishal Khandelwal,Prakash Chandra Gupta Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Vishal Khandelwal for the petitioners, Standing Counsel for State and Sri Rajesh Yadav for gram panchayat.
The writ petition has been filed for quashing the entire proceeding of Case No. 471 of 2016 (Makbool and others Vs. Smt. Manjoor Jahan and others) pending before Tehsildar Shamli.
In substance, an application was filed for mutation of name on the basis of sale deed dated 23.1.1956. The counsel for the petitioners submits that in the meantime, village was placed under consolidation operation and no right has been asserted over the land in dispute on the basis of aforesaid sale deed as such proceeding before Tehsildar is barred under Section 49 of UP Consolidation of Holdings Act, 1953.
Since the bar of Section 49 of UP C. H. Act, 1953 is a mix question of law and fact as such, the petitioners are permitted to raise this objection before the Tehsildar within 15 days along with a certified copy of this order.
In case any such objection is raised before the Tehsildar within aforesaid period then he shall decide the objection after hearing as well as giving opportunity of evidence to the parties in accordance with law, expeditiously, preferably, within a period of four months from the date of producing a certified copy of this order before him.
With the aforesaid observation, the writ petition is disposed of. Order Date :- 18.4.2017 Rahul /-