Court No. - 19
Case :- WRIT - B No. - 2077 of 2019 Petitioner :- Jahan Singh Respondent :- The Settlement Officer Consolidation And 3 Others Counsel for Petitioner :- Dushyant Singh,M.C. Singh Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed against the orders dated 9.11.2015 and 17.5.2019 passed by the Assistant Consolidation Officer and the Settlement Officer of Consolidation.
The order dated 9.11.2015 was passed by the Assistant Consolidation Officer under Section 6-A of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') and the appeal filed by the petitioner against the order of the Assistant Consolidation Officer under Rule 17-A(3) of the Uttar Pradesh Consolidation of Holdings Rules, 1954 has been dismissed by the Settlement Officer of Consolidation vide his order dated 17.5.2019.
It has been argued by the counsel for the petitioner that he is in possession on Plot No. 603 for the last 50 years and, therefore, the matter could not have been decided under Section 6-A of the Act, 1953 as it was not a case of undisputed succession. The orders passed under Section 6-A of the Act, 1953 do not bar objections under Section 9 of the Act, 1953 and the petitioner has the remedy to file his objections under Section 9 of the Act, 1953. In view of the aforesaid, the petitioner has an alternative remedy to establish his title under Sections 9/9-A(2) of the Act, 1953.
In view of the availability of alternative remedy, the writ petition is dismissed.
Order Date :- 22.8.2019 Satyam