Heard learned counsel for the petitioners and Sri Saurabh Yadav, holding brief of Sri Yogendra Nath Yadav, learned counsel representing the Land Management Committee concerned.
The petitioners by means of this petition have prayed that the revision petition pending before the Deputy Director of Consolidation filed by the petitioners against the order dated 09.10.2018, passed by the Consolidation Officer be ordered to be decided expeditiously and further that the petitioners may be permitted to carry on fishing over the land in dispute.
By the order dated 09.10.2018, the Consolidation Officer appears to have exercised his jurisdiction under Section 42A of the U.P. Consolidation of Holdings Act for making certain corrections which were warranted according to him.
Sri M.A. Siddiqui, learned counsel for the petitioners has, however, stated that once the notification under Section 52 of the U.P. Consolidation of Holdings Act has been issued, the Consolidation Officer seized to have jurisdiction to entertain any application under Section 42A of the Act and he could not as such exercise any such jurisdiction under the said provision of Section 42A of the Act.
On the other hand, learned Standing Counsel as also the learned counsel representing the gaon sabha have stated that under certain circumstances jurisdiction under Section 42A of the Act can be exercised even after publication of notification under Section 52 of the Act. In support of his submission, learned counsel representing the respondents has relied upon a judgement of this court in the case of Dr. Sukhbeer Singh Vs. Commissioner, Meerut and others, reported in [2014(32) LCD 1912].
On behalf of petitioner, Sri Siddiqui has relied upon another judgement reported in 1989 RD, 281, Hari Ram Vs. D.D.C., Azamgarh.
Be that as it may, since the revision petition is still pending before the Deputy Director of Consolidation, this petition is finally disposed of with the direction to the learned court below to expedite the proceedings of revision petition pending before him and conclude the same within a maximum period of two months from the date of production of certified copy of this order.
it is needless to say that Deputy Director of Consolidation while hearing the revision petition shall take into account the objection raised by the petitioners relating to jurisdiction of the Consolidation Officer under Section 42A of the Act. The case of the Land Management Committee/State that the Consolidation Officer could exercise his jurisdiction under Section 42A of the Act even after notification under Section 52 of the Act, will also be considered by the Deputy Director of Consolidation.
It is further directed that the parties to the proceedings pending before the learned revisional court shall not seek any unnecessary adjournments and adjournment, if prayed for, shall be permissible to be granted by the Presiding Officer only in exceptional circumstances.
Order Date :- 29.8.2019 Sanjay