Court No. - 49
Case :- WRIT - B No. - 2839 of 2019 Petitioner :- Naresh Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
The petitioner has preferred the present writ petition with the prayer to direct the respondent No.2/Commissioner Consolidation, Lucknow to pass appropriate orders on the objections submitted by the petitioner for closing the consolidation proceedings in respect of Village Dhakni Rajpur, Tehsil Faridpur, District Bareilly Learned counsel for the petitioner relied upon Rule 17 of the U.P. Consolidation of Holdings Rules, 1954. Rule 17 of the Consolidation of Holdings Rules, 1954 is reproduced below:-
"17. Section 6. - The [notification] made under Section 4 of the Act, may among other reasons, be cancelled in respect of whole or any part of the area on one or more of the following grounds, viz., that
(a) the area is under a development scheme of such a nature as when completed would render the consolidation operations inequitable to a section of the peasantry;
(b) the holdings of the village are already consolidated for one reason or the other and the tenure-holders are generally satisfied with the present position;
(c) the village is so torn up by party factions as to render proper consolidation proceedings in the village very difficult; and
(d) that a co-operative society has been formed for carrying out cultivation in the area after pooling all the land of the area for this purpose."
It is argued that although representations were made by the petitioner along with various other villagers before the respondent No.2 in this regard but till date no decision has been taken on the same.
Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.
In view of the above, without expressing any opinion on merits of the case this petition is dispose of permitting the petitioner to make a fresh representation before respondent No.2 along with certified copy of this order within a period for two weeks from today. In case any such representation is filed by petitioner within the period stipulated hereinabove before respondent No.2, the respondent No.2 will consider and decide the same strictly in accordance with law as expeditiously as possible preferably within a period of six months from the date of filing of such representation by the petitioner before him.
Order Date :- 28.11.2019 saqlain