Court No. - 9
Case :- WRIT - C No. - 14425 of 2019 Petitioner :- Suresh Chandra Sharma Respondent :- State Of U.P. And Another Counsel for Petitioner :- Bindeshwari Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition, the petitioner seeks a direction to the respondent no. 2, the Tehsildar Goverdhan, District-Mathura to consider and decide the petitioner's representation dated 14.05.2018.
Upon perusal of the representation as also from the submission made by counsel for the petitioner, it transpires that his case is that an order passed by Consolidation Officer in his favour on 13.08.1991. Subsequently, the consolidation operations were cancelled by means of a notification under Section 6 (1) of the U.P. Consolidation of Holdings Act issued on 16.01.2015.
The grievance of the petitioner is that the order of the Consolidation Officer passed in the year 1991 in his favour has attained finality but the same, has not been recorded in the revenue record and hence, the representation.
In my considered opinion, the representation is not the proper remedy available to the petitioner. The proper remedy, as on date, would be by means of an application under Section 38 of the U.P. Revenue Code 2006 or correction of papers taking shelter of sub Section 2 of Section 6 of U.P. Consolidation of Holdings Act.
Under the circumstances, this writ petition is disposed off granting liberty to the petitioner, in case, so advised to approach the competent forum by means of an application under Section 38 of the U.P. Revenue Code, 2006 for redressal of his grievance.
Order Date :- 29.4.2019 sweta