Court No. - 54
Case :- WRIT - C No. - 20146 of 2012 Petitioner :- Nanhe Respondent :- Ali Hasan And Others Counsel for Petitioner :- Bishram Tiwari,Gulab Chandra Counsel for Respondent :- S.A. Lari,S.C.
Hon'ble Ajit Kumar,J.
Photo copy of the supplementary affidavit supplied to the Court is taken on record.
With the consent of learned counsels for the parties the petition is being heard and decided.
Heard learned counsel for the petitioner and Sri S.A. Lari, learned counsel appearing for the respondents.
In the present petition the petitioner has challenged the order passed by the District Judge, Kushinagar dated 2nd April, 2012 whereby the proceedings of Suit No. 134 of 2011 had been held to have abated in view of the notification under Section 4 of the U.P. Consolidation of Holdings Act.
It appears from the pleadings as have come to be raised that the petitioner instituted a suit for injunction in respect of his holdings of Chak No. 1096, which admittedly was a part of provisional scheme of consolidation prepared during consolidation proceedings.
In the considered opinion of the Court no injunction can be granted if the land is subject matter of proceedings under the Consolidation of Holdings Act, 1954 by virtue of Section 4 notification. The suit proceedings cannot continue in view of the provision contained under Section 5 (2) of the Consolidation of Holdings Act. Besides above, this Court is also of the opinion that where the provisional scheme is published under the Consolidation of Holdings Act and against the proposal prepared under the provisional scheme, the chak holder can file objection under Section 20 of the U.P. Consolidation of Holdings Act, no suit can be entertained to seek injunction in respect of such holdings under proposal and therefore, I do not find any good ground to interfere with the orders passed by the court below abating the suit proceedings in above respect.
Apart from this, it is an admission by the counsels at the bar that the consolidation proceedings have alraedy come to close and finalization of chak has already taken place with the publication of CH Form 45 and consequential denotification of village under Section 52 of the U.P. Consolidation of Holdings Act. From the perusal of the CH Form 45 which has been brought by means of supplementary affidavit, it is revealed that the petitioner has now been allotted a new chak no. 39 consisting of holdings other than those which were initially proposed in the provisional statement of principles under Section 19 with the issuance of CH Form 23.
In view of the above, the said suit can even otherwise not continue in respect of above land, however, this Court may also observe that after the consolidation proceedings are over and if any party is aggrieved by interference by the other party in respect of his holding, it is open for him to seek common law remedy but as far as the suit for injunction in the case in hand is concerned, this Court declines to interfere with the orders passed by the court below.
The writ petition is accordingly consigned to records.
Order Date :- 26.7.2019 Nadeem Ahmad