HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - B No. - 75625 of 2011 Petitioner :- Indrajeet Respondent :- D.D.C. And Others Petitioner Counsel :- Madhur Prakash Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Amreshwar Pratap Sahi,J.
Heard Sri Madhur Prakash, learned counsel for the petitioner, the learned counsel for the Gaon Sabha and the learned Standing Counsel.
The Consolidation Officer passed an order on 10th of March, 1998. The petitioner wants that his name should now be incorporated in CH Forms 41 and 45 in accordance with the said order. The Consolidation Officer has passed an order to that effect on 01.08.2011, a copy whereof is annexure 9 to the writ petition.
Against the order of the Consolidation Officer dated 10.03.1998 appeals were filed that are pending consideration. During the pendency of the appeals a reference proceeding was initiated under sub-section (3) of Section 48 of the U.P.C.H. Act, 1953. The petitioner at that stage approached this Court by filing Writ Petition 38989 of 2007 in which an interim protection was given by this Court on 12.08.2007, during the pendency of the appeals and the appeals were directed to be disposed of within a specified period of time.
Learned counsel for the petitioner submits that the appeals were dismissed in default and thereafter restorations were filed and the appeals have now been restored.
The order of the Consolidation Officer dated 01.08.2011 itself records that the claim of the petitioner shall be subject to the outcome of the orders passed in appeal as directed in the judgment of the High Court dated 12.08.2007.
In this view of the matter, any preparation of records or maintenance thereof in CH Forms 41 and 45 would be subject to the outcome of the appeal.
Let the appeals be disposed of on merits within a period of two months as directed by this Court in the judgment referred to hereinabove to enable the records to be prepared accordingly.
The writ petition is disposed of.
Order Date :- 22.12.2011 Akv