Court No. - 43
Case :- WRIT - B No. - 3060 of 2018 Petitioner :- Ramashanker Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Singh Sengar Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner has preferred this writ petition under Article 226 of the Constitution of India for a direction upon the respondents for correction of the record pursuant to Government Order dated 1.11.2012. The relief sought by the petitioner reads as under:
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioner in regard that record of the Consolidation may be entered in the revenue record in compliance of the Government Order dated 01.11.2012."
Learned counsel for the petitioner has drawn my attention to an order dated 6.10.2015 passed by this Court in Writ-B No. 53997 of 2015 (Kalicharan & others v. State of U.P. & others) on somewhat similar facts. Relevant part of the said order reads as under:
"It has been stated that the village has been placed under consolidation operation by notification dated 21.7.1995. Subsequently, the notification dated 21.7.1995 was cancelled by issuing notification u/s 6 dated 2.11.2012. During this period, various orders in the proceeding under Section 9-A as well as Section 12, have been passed and have become final. In view of Section 6(2) of U.P. Consolidation of Holdings Act, 1953, final order relating to correction of land record, passed by the consolidation authorities, is liable to be given effect to. The petitioner has made a representation in this respect, but no order has been passed.
As the petitioner has already filed a representation in this respect, as such, it is appropriate that suitable order be passed on the representation of the petitioner.
Without entering into the controversy raised by the petitioner, the writ petition is disposed of with direction to Collector, district Mahoba to decide the representation of the petitioner, after taking reports from the subordinate authorities expeditiously, preferably within a period of four months from the date of producing a certified copy of this order before him."
Learned counsel for the petitioner submits that the petitioner has also filed a representation before the authority concerned on 9.1.2018 under the registered cover. A copy of the receipt of registered cover is on the record as annexure-5 to the writ petition.
Having due regard to fact that in similar facts and circumstances this Court has issued directions, extracted above, this writ petition is also disposed of in same terms.
No order as to costs.
Order Date :- 28.2.2018 Digamber