Court No. - 44
Case :- WRIT - B No. - 1047 of 2019 Petitioner :- Nem Singh And 24 Others Respondent :- Consolidation Officer And 2 Others Counsel for Petitioner :- Ramesh Chandra Singh,Yadvendra Singh Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Ramesh Chandra Singh, learned counsel for the petitioners and Sri Manu Singh, Advocate on behalf of Gaon Sabha respondent no.2.
By means of the present petition, the petitioners have challenged the order dated 16.11.2018 passed by the Consolidation Officer, Chharra, Atrauli, District- Aligarh in Case No. 182 whereby the allotment of land in favour of the petitioners, was cancelled. Admittedly, the petitioners have statutory remedy against the said order to file an appeal under Section 11 (1) of the U.P. Consolidation of Holdings Act.
Contention of learned counsel for the petitioners is that the remedy is not absolute bar and in support of his contention, counsel for the petitioners relied upon judmgnet of the Supreme Court in the Case of Ram & Shyam Company Vs. State of Haryana & Ors reported in AIR 1985 SC 1147.
It is further contended that the order passed by the Consolidation Officer cancelling the allotment of the petitioners is fully without jurisdiction as the Consolidation Officer does not confer any power to cancel the allotment in favour of the petitioners and even no trial can be commenced on the basis of such illegal order.
Since the petitioners have an alternative statutory remedy against the said order to file an appeal under Section 11 (1) of the U.P. Consolidation of Holdings Act and it is opinion of this Court that the petitioners could have file an appeal challenging the order impugned before the concerned Settlement Officer Consolidation. It is further provided that in case any such appeal is filed along with delay condonation application then the appeal be decided on merits and the delay condonation application shall be considered sympathetically.
In view of the above, the writ petition is dismissed on the ground of alternative remedy.
Order Date :- 30.4.2019 Akbar