High Court
Case Details
Court No. - 75 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 350 of 2021 Petitioner :- Pankaj Tomar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Mishra,Anil Kumar Tiwari,Yogesh Kumar Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Dinesh Pathak,J.
Legal Reasoning
Heard Sri RC Singh, Senior Advocate assisted by Sri Yogesh Kumar Singh, learned counsel for the petitioner, learned counsel for the Gaon Sabha and learned Standing Counsel representing respondents No. 1 to 4 through virtual mode and perused the record. Present writ petition has been filed in the nature of Public Interest Litigation (PIL), inter alia, for the following reliefs: "1. Issue a writ, order or direction in the nature of mandamus directing the respondents to ensure the public utility land i.e. Nala, Chakroad, pits, roads, Naveen parti, ceiling land, river land, forest land and custodian land situated in Village-Barnawa, Tehsil-Baraut, District-Baghpat in its original position and the said illegal encroachment of the public utility land by the local musclemen with the help of district level Consolidation authorities and the irregularities were committed as a result whereof a huge chaks of land were illegally encroachment as well as the allotment be removed in its original position and to take appropriate and legal action against the Government Officials including the officials of Consolidation Department. 2. Issue writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to take final decision on the application made by the petitioner dated 07.01.2020 (Annexure-4); 3. Issue a writ, order or direction in the nature of mandamus directing the respondents to take strict action against the persons for changing the nature of the public utility land;" While entertaining the aforesaid application, this Court has passed the following order dated 14.7.2021; "Through the present writ petition, the petitioner has brought to the notice of the Court certain major irregularities being committed by the different officers in the consolidation department regarding allotment of chaks.
Decision
It has been stated in the writ petition that chaks have been allotted to certain influential tenure holders on lands reserved for public utilities and also on lands belonging to the Forest Department. In this regard, the petitioner has also submitted a representation before the Collector, District-Baghpat. A reading of the representation submitted by the petitioner to the Collector indicates that consolidation proceedings are pending in the village since last 38 years. The facts stated in the writ petition, if true, reveal a sorry state of affairs in the consolidation department. The Standing Counsel prays for and is granted a week's time to obtain instructions in the matter. Shri Sunil Kumar Singh, Advocate, representing the Gaon Sabha shall also seek instructions in the matter as the Gaon Sabha is the custodian of the land reserved in the village for public purposes. Put up again as fresh on 22.7.2021." In pursuance of the order dated 14.7.2021, learned standing counsel has filed a copy of the instructions. Being not satisfied with the instructions as given by the learned standing counsel, a supplementary affidavit has been filed by the learned counsel for the petitioner annexing the report dated 19.12.2017 submitted by the joint Commissioner (Consolidation), which was communicated to the Consolidation Commissioner, Lucknow, UP (respondent No. 4). After considering the supplementary affidavit, this Court has passed the order dated 25.8.2021 seeking fresh instructions from the authorities concerned, which is quoted hereinbelow: "A supplementary affidavit filed by the petitioner is taken on record. In pursuance to the previous order passed by this Court, the Standing Counsel has obtained instructions in the matter and has handed over a copy of the same to the Court which is taken on record. It appears that the instructions have been sent to the Standing Counsel by the District Deputy Director of Consolidation, i.e., Collector, Baghpat. In the instructions obtained by the Standing Counsel, the facts stated in the writ petition regarding irregularities in the consolidation operations have been denied. However, in the supplementary affidavit filed today, the petitioner has annexed a report dated 19.12.2017 submitted by the Joint Commissioner (Consolidation) to the Consolidation Commissioner, Uttar Pradesh at Lucknow wherein the Joint Commissioner has brought to the notice of the Consolidation Commissioner major irregularities in allotment of chaks and attempts made by influential villagers to get the gaon sabha plots allotted to them. The report was submitted on 19th December, 2017. The Standing Counsel shall obtain instructions as to whether any action has been taken by the Consolidation Commissioner, Uttar Pradesh at Lucknow on the said report of the Joint Commissioner within two weeks from today. Put up again as fresh on 13th September, 2021." In pursuance of the order dated 25.8.2021, State Government has again filed a copy of the instruction, which is taken on the record. At subsequent stage, counsel for the petitioner has filed a detailed second supplementary affidavit pointing out several discrepancies in the consolidation operation. From a perusal of the record, it appears that it is a disputed question of fact qua discrepancy in the consolidation operation wherein allegation has been made for misappropriate of land belongs to Gaon Sabha. Learned standing counsel submits that the grievance of the petitioner can more appropriately be redressed by the respondent No. 4 within stipulated period as directed by this Court if a fresh representation is filed by the petitioner. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition filed in the nature of PIL, without considering the merits of the case as mentioned in the present writ petition, with liberty to the petitioner to move a fresh representation, qua his grievances as averred in the present writ petition annexing all the documents, which are filed before this Court, within a period of thirty (30) days from today along with a certified copy of this order before the Consolidation Commissioner, Lucknow (respondent No. 4), who shall, after conducting appropriate enquiry, call for a report from the authority concerned, as permissible under law, consider and decide the aforesaid representation expeditiously, preferably, within a period of six months from the date of receipt of a certified copy of this order provided there is no other legal impediment. It is expected that the representation should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties. With the aforesaid direction, present writ petition is disposed of. Order Date :- 17.1.2022 vinay