Court No. - 9
Case :- WRIT - B No. - 1478 of 2021 Petitioner :- Raj Bahadur And 3 Others Respondent :- District Deputy Director Of Consolidation And Another Counsel for Petitioner :- Ram Raj Prajapati Counsel for Respondent :- C.S.C.,Prabhu Narain Srivastava,Suresh Srivastava
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed challenging the order dated 2.7.2021 passed by the District Deputy Director of Consolidation/Collector, Mirzapur in Case No. 00101/2021 (Computerized Case No. D202116530000101) registered under Section 52-A of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') on the ground that the application of the petitioners was highly delayed and further the same was not maintainable as in order to exercise powers under Section 52-A of the Act, 1953, representation for Chak Roads or Chak Guls should be made by atleast ten per cent of the total tenure holders in the unit. The application was filed only by the petitioners.
There is no averment in the writ petition regarding publication under Section 52 of the Act, 1953.
Section 52-A(1) of the Act, 1953 provides that the Collector shall take steps if there is no provision or inadequate provision of Chak Roads or Chak Guls only if the representation for the said purpose is made by not less than ten per cent of the total number of tenure holders in the unit.
In view of the aforesaid, there is no illegality in the order passed by the Collector.
The writ petition lacks merit, and is, accordingly
dismissed.
Order Date :- 23.9.2021 Anurag/-