Heard Sri Vijay Kant Dwivedi, learned counsel for the petitioner and learned standing counsel for the State respondents.
This writ petition has been filed seeking a writ of mandamus directing the Consolidation Officer, Allahabad (Respondent no. 2) to consider and decide the objection under section 12 of the UP Consolidation of Holdings Act, filed by the petitioner claiming on the basis of the sale deed executed in his favour on 24.4.2014. The sale deed pertains to land situate in village Basahara.
It is admitted to the parties that this village was brought under consolidation operations as a result of publication of notification under section 4 sometime in the year 1982.
This Court by an interim order dated 20.12.1999 passed in WP No. 25702 of 1999 stayed the operation of the notification under section 4. Initially the interim order was for a fixed period. Subsequently, by the order dated 6.4.2000, the interim order has been extended till further orders.
In view of this admitted position, the failure on the part of the consolidation authorities in proceeding to decide the objection under section 12 cannot be faulted with and for the same reason, the relief prayed for in the writ petition cannot be granted till such time, the interim order continues to operate.
Under these circumstances, there is no other option but to dismiss the writ petition.
The writ petition is accordingly dismissed.
Order Date :- 30.7.2014 SKS