Court No. - 5
Case :- WRIT - B No. - 4116 of 2018 Petitioner :- Yakoob Khan And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Salilendu Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
This writ petition has been instituted by five petitioners for a common relief. The petitioners have sought relief for issuance of a writ of mandamus commanding the respondent authorities to cancel the notification under Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (for short, the "Act").
The grievance of the petitioners is that earlier the consolidation proceeding has been completed about 28 years back and now a fresh notification has been made to initiate the consolidation proceedings. It is stated that most of the tenure holders of the village now do not want a fresh consolidation for the reasons mentioned in the writ petition.
From the material on record it appears that a large number of residents of the village have made a representation to the Deputy Director of Consolidation, Mainpuri to cancel the notification issued under Section 4 of the Act. A copy of the said representation has also been sent to the Consolidation Commissioner, U.P., the second respondent.
I have heard learned counsel for the petitioners and learned Standing Counsel.
Considering the facts and circumstances of the case, in my view, the ends of justice would be subserved by issuing a direction upon the second respondent to consider the grievance of the petitioners in accordance with law expeditiously. The petitioners are at liberty to file a fresh representation addressed to the second respondent within a month. In the event any such representation is made, the second respondent shall pass the appropriate order in accordance with law expeditiously, preferably within a period of four months from the date of communication of this order.
Accordingly, the writ petition is disposed of. No order as to costs.
Order Date :- 29.5.2018 SKT/-