Court No. - 9
Case :- WRIT - B No. - 1646 of 2021 Petitioner :- Sharda Prasad Respondent :- Settlement Officer Of Consolidation And 6 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondent no. 2 i.e., Consolidation Officer, Sadar, District Jaunpur not to implement the order dated 9.1.2020.
The facts of the case are that an order dated 15.2.2019 was passed by the Consolidation Officer under Section 12 of the U.P Consolidation of Holdings Act, 1953 and the said order was implemented under Rule 109-A of the U.P Consolidation of Holdings Rules, 1954 by order dated 9.1.2020 passed by the Consolidation Officer.
Subsequently, the order was stayed by the Consolidation Officer vide his order dated 19.3.2020 on the application of the petitioner. However, again by the order dated 14.7.2020, the Consolidation Officer recalled his order dated 19.3.2020 on the ground that register of the Notary did not contain any reference to the affidavit sworn and filed by the petitioner in the case on the basis of which the order dated 19.3.2020 was passed.
Subsequently, the petitioner filed Writ B No.265 of 2021 in which an order dated 9.7.2021 was passed by this Court directing that the parties shall maintain status quo regarding nature and possession of land involved in the case and were also restrained from creating any third party right in respect thereof. Writ B No.265 of 2021 was filed after the order dated 14.7.2020.
In view of the aforesaid, the present writ petition is not maintainable and is dismissed.
Order Date :- 7.10.2021 IB