Court No. - 21
Case :- WRIT - B No. - 2154 of 2019 Petitioner :- Rajeshwar Pratap Singh Respondent :- Settlement Officer Of Consolidation Ghazipur And 15 Others Counsel for Petitioner :- Devi Deen Yadav,Mohan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Mohan Yadav, learned counsel for the petitioner and learned Standing Counsel representing the respondent nos.1 to 3.
At the very outset, learned counsel for the petitioner prays for impleadment of District Deputy Director of Consolidation/Collector, Ghazipur as respondent no.17.
Learned Standing Counsel has no objection to the aforesaid prayer made by learned counsel for the petitioner.
Prayer so made by learned counsel for the petitioner is allowed. He is permitted to implead the District Deputy Director of Consolidation/Collector, Ghazipur as respondent no.17 during course of the day.
Petitioner has filed the instant petition with the following prayer :-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess/change the nature of land in pursuance of the order dated 12.12.2018 passed by Consolidation officer, Birno in Case No.120/398 of 2018-19 (Bindu Devi Vs. Achyutanand Singh) under section 9 (A) of the Consolidation of Holdings Act and judgment and order dated 25.07.2019 passed the S.O.C. Ghazipur in appeal no.1832 (Rajeshwar Pratap Singh vs. Smt. Bindu Devi and others) under section 11 (1) Consolidation of Holding Act from the land in question over which he has been coming in possession since inception, during the pendency of revision no.1083 under Section 48 of C.H.Act (Rajeshwar Vs. Bindu and others)."
On dated 13.09.2019, this Court has passed order for issuing notices to the respondents.3 to 16. Office report dated 18.12.2019/08.07.2021 reveals that notices were sent through R.P.A.D. fixing 11.12.2019. In the office report, with respect to respondent nos.3 and 4 it is reported that undelivered registered envelopes have been returned back with postal endorsement that addressees are not residing at their house. With respect to respondent no.15 it is stated that he had died and with respect to respondent nos.5 to 14 and 16, it is stated that neither the acknowledgement letters nor undelivered envelopes have been returned back. Service of notices upon respondent nos.5 to 14 and 16 are presumed to be sufficient.
In view of the peculiar facts and circumstances of the present case and the order proposed to be passed hereinunder, this Court proceeds to finally decide this writ petition at the admission stage, without putting notice to the unserved respondents.
It is submitted by learned counsel for the petitioner that against the order dated 25.07.2019 passed by the Settlement Officer of Consolidation (in brevity 'S.O.C.'), he has preferred a revision along with stay application dated 07.08.2019 (Annexure-2) before the Deputy Director of Consolidation (in brevity 'D.D.C.'), but it could not be decided because the Court is lying vacant. Grievance of the petitioner is that in pursuance of order dated 25.07.2019 contesting respondent in collusion with the local authorities are trying to dispossess the petitioner from the land in question.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the writ petition, with a direction that petitioner is at liberty to move a representation, within period of three weeks from today, qua his grievances, as mentioned in the present writ petition, along with a copy of this order before the District Deputy Director of Consolidation/Collector, Ghazipur (respondent no.17), who shall either himself call for the record and decide the stay application filed along with the memo of revision no.1083, under section 48 (1) of the U.P.C.H. Act (Rajeshwar Pratap Singh vs. Bindu Devi and others) or direct the authority concerned to take appropriate decision, under the relevant provisions of law as applicable, expeditiously, preferably, within the period of three months from the date in receipt of the aforesaid representation.
The petitioner shall file a computer generated copy of this order downloaded from the official website of High Court, Allahabad, supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observations, this petition is finally disposed of.
Order Date :- 13.8.2021 Manish Himwan