Allahabad High Court
Ramlakhan Srivastava vs State Of Up And 2 Others on 2 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:78469
Court No. - 49
Case :- WRIT - B No. - 1701 of 2024
Petitioner :- Ramlakhan Srivastava
Respondent :- State Of Up And 2 Others
Counsel for Petitioner :- Akash Kishan,Ashok Gupta
Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following relief:
"i) Issue a writ, order or direction in the nature of mandamus commanding and directing respondent no. 2 to Mutate the name of the petitioner in the revenue record, in view of final order dated 29.08.2009 passed by the Assistant Consolidation Officer, Banda in case no. 115 and issue a fresh Khatauni to the petitioner.
ii) Issue a writ, order or direction in the nature of mandamus directing to the respondent no. 2 District Magistrate/ Collector, Banda to decide the representation dated 10.10.2023 filed by the petitioner."
3. Brief facts of the case are that a notification under Section 4(1) of the U.P. Consolidation of Holdings Act, 1953 was issued on 22.07.1998 in respect of the village concerned. The petitioner purchased land from the recorded tenure holder by means of a registered sale deed dated 11.06.2005, thereafter the name of the petitioner was mutated by an order dated 29.08.2009 passed by A.C.O. in Case No. 115 (Ram Lakhan Vs. Ramashanker). A notification under Section 6(1) of the U.P. Consolidation of Holdings Act, 1953 was issued in respect of village concerned on 03.02.2017.
4. Grievance of the petitioner is that the consolidation authorities have not given effect to the order passed on 29.08.2009 in Case No. 115 in pursuance of the provision as contained under Section 6(2) of the U.P. Consolidation of Holdings Act, 1953. Counsel for the petitioner has also pointed out towards the Government Order dated 12.12.2014 which is annexed at page no. 37 of the paper-book by which directions has been given to all the consolidation authorities to comply the provisions as contained under Section 6(2) of the U.P. Consolidation of Holdings Act, 1953. Learned counsel for the petitioner has also relied upon judgment of this Court dated 23.09.2022 passed in Writ B No. 2373 of 2020 (Sarjo Prasad Vs. State of U.P.). It has been further contended by learned counsel for the petitioner that order dated29.08.2009 has become final as the same has not been challenged before any higher forum.
5. In view of the above, the consolidation authorities are under legal obligation to implement the order in the revenue records in pursuance to the provisions as contained under Section 6 (2) of the U.P.C.H. Act.
6. No useful purpose would be served in keeping this petition pending.
7. This petition is disposed of with a direction that the petitioner is at liberty to move a fresh application raising his grievances as mentioned in this petition to theRespondent No.2- District Magistrate/ Collector, Banda District Banda which shall be decided by the respondent no. 2, expeditiously preferably within a period of six months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment.
Order Date :- 2.5.2024
Nitika Sri.
(Manish Kumar Nigam,J.)
