Court No. - 9
Case :- WRIT - C No. - 19067 of 2019 Petitioner :- Ompal Singh And 9 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sanjeev Kumar Gaur,Babita Upadhyay Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Manu Singh for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The writ petition has been filed seeking the following relief -
i) issue a writ, order or direction in the nature of certiorari quashing the order dated 22.11.2017 passed by Tehsildar, Tehsil Kasia, District Kushinagar (respondent no.2) in Case No.T2017054465044731, under Section 67 of U.P.Revenue Code, 2006 (Annexure No.2 to this writ petition).
It is admitted by counsel for the petitioner that the unit where the land is situated under the consolidation operations.
By means of the proceedings aforesaid, the petitioner is in fact seeking a declaration as a bhumidhar with non transferable rights.
Any declaration of title during the currency of the consolidation operations in a unit can only be considered and granted by the consolidation Courts.
Under the circumstances, in my considered opinion, the suit sought to be expedited must necessarily be ordered to abate under Section 5 of the U.P. Consolidation of Holdings Act.
However, the directions prayed for are not liable to be issued.
The writ petition is disposed of with the observations that the petitioner in case so advised, may approach the consolidation authorities for the relief claimed in the aforementioned proceedings.
Order Date :- 30.5.2019 RKM