Ram Chandra vs State Of U.P. Thru Secy. And Others
2012 Latest Caselaw 5182 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 54571 of 2012
 
Petitioner :- Ram Chandra
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Petitioner Counsel :- K.K. Tripathi
 
Respondent Counsel :- C.S.C.,D.D. Chauhan
 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Het Singh Yadav,J.

    The present Writ Petition by way of Public Interest Litigation has been filed by the petitioner, inter-alia, praying for not allotting the land of Gaon Sabha in question to any person during the pendency of re-consolidation operations in the village in question.

    The case of the petitioner is that by Notification dated 23rd April, 2012 issued under Section 4-A of the U.P. Consolidation of Holdings Act, 1953, the village in question, namely, village-Birahar, Block-Bhitargaon, Tehsil-Ghatampur, District-Kanpur Nagar, has been brought under re-consolidation operations.

    Re-consolidation operations are still going-on in the village in question. During the re-consolidation operations, the Land Management Committee in question (respondent no.7) is trying to allot Gaon Sabha land to different persons.

    We have heard Shri K.K. Tripathi, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent nos. 1 to 5 and Shri Ajit Kumar, holding brief for Shri D.D. Chauhan, learned counsel for the respondent no. 7.

    It is submitted by Shri K.K. Tripathi, learned counsel for the petitioner that as re-consolidation operations are going-on in the village in question, it is not open to the Land Management Committee (respondent no.7) to make any allotment of the Gaon Sabha land.

    The learned Standing Counsel appearing for the respondent nos. 1 to 5 states that by Communication dated 14.10.2012 sent by the Sub-Divisional Magistrate, Ghatampur, instructions have been received by him, and as per the instructions, the allotment of the land in the village in question, namely, Village-Birahar has been stayed as the said village has been brought under consolidation operations.

    In view of the statement made by the learned Standing Counsel, on the basis of instructions received by him, it is evident that the grievance of the petitioner, as raised in the Writ Petiiton, no longer survives.

    Therefore, no orders are required to be passed in the present Writ Petition.

    The Writ Petition stands disposed of accordingly.

Order Date :- 16.10.2012

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