Court No. - 19
Case :- WRIT - B No. - 1872 of 2019 Petitioner :- Raghuveer Singh And Another Respondent :- Deputy Director Of Consolidation, Saharanpur And 3 Others Counsel for Petitioner :- Prashant Kumar Lal Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Salil Kumar Rai,J.
Heard Sri Prashant Kumar Lal, the counsel for the petitioners and Sri Rajesh Yadav, the counsel for respondent no. 4.
The present writ petition has been filed against the order dated 26.10.2018 passed by the Settlement Officer of Consolidation and the order dated 20.5.2019 passed by the Deputy Director of Consolidation.
Through order dated 26.10.2018, the Settlement Officer of Consolidation has condoned the delay of 33 years in filing the appeal by the Gaon Sabha under Section 11 of the Uttar Pradesh Consolidation of Holdings Act, 1953 and the revision filed by the petitioners against the order dated 26.10.2018 has been dismissed by the Deputy Director of Consolidation vide his order dated 20.5.2019. The appeal has been filed on the ground that the plots in possession of the petitioners are pasture land and therefore included under Section 132 and no bhumidhari rights could have accrued in favour of the petitioners over the disputed plots.
It appears from a reading of the order dated 26.10.2018 that this Court in Writ Petition No. 6472 of 2012 directed that all the pasture lands be recorded in the name of Gaon Sabha and, therefore, the appeal had become necessary. The order dated 26.10.2018 is an interlocutory order and, therefore, the Deputy Director of Consolidation rightly dismissed the revision filed against the aforesaid order. No final orders have yet been passed against the petitioners.
It is not a fit case for interference by this Court under Article 226 of the Constitution of India. The writ petition is dismissed.
The petitioners shall be at liberty to challenge the order dated 26.10.2018 in any writ petition filed in this Court, in case, the proceedings end in a decision against the petitioners and the writ petition is filed against the final order.
Order Date :- 25.7.2019 Satyam