High Court
Case Details
Court No. - 18 Case :- WRIT - B No. - 733 of 2023 Petitioner :- Shravan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. Heard Counsel for the petitioner and learned Standing Counsel for the State-respondents. The instant petition has been filed for mandamus directing the respondent No.3, District Magistrate, Banda/ District Deputy Director Consolidation to incorporate the name of the petitioner in the revenue records in view of the final orders passed by Consolidation Officer dated 10.7.1997 in case No. 7790 and order dated 25.5.2012 in case No. 186
Facts
Brief facts of the case are that Village- Oran and Tehsil-Attara, District Banda came under consolidation operation full notification under Section 4 of the U.P. Consolidation of the Holdings Act dated 5.5.1972. The notification under Section 6 (1) of the U.P. Consolidation of Holdings Act took place on 7.6.2016. The Consolidation Officer passed the order in favour of the petitioner in respect to the plots mentioned in Paragraph Nos. 5 and 6 of the writ petition. The number of the case and the date of the order are mentioned in Paragraph Nos. 5 and 6, of the writ petition. It has also been stated in Paragraph No.7 of the writ petition that the aforementioned order has attained finality before the notification under Section 6 of the U.P. Consolidation of Holdings Act took place. Counsel for the petitioner submitted that the order passed by Consolidation Officer has attained finality, as such, in view of the provisions contained under Section 6(2) of the U.P. Consolidation of Holdings Act, the petitioners are entitled to be recorded in the revenue records. But authorities are sitting tight over the matter and they are not recording the name of the petitioner in pursuance of the final order passed by the Consolidation Officer. On the other hand, learned Standing Counsel submitted that petitioner's claim will be considered in accordance with the provisions contained under Section 6(2) of the U.P. Consolidation of Holdings Act in accordance with law.
Legal Reasoning
There is no dispute about the fact that village was notified under Section 4 of the U.P. Consolidation of Holdings Act 5.5.1972 and the notification under Section 6 (1) of the U.P. Consolidation of Holdings Act took place on 7.6.2016. There is also no dispute about the fact that Consolidation Officer has passed the order in favour of the petitioner on 10.7.1997 and 25.5.2012 much before the notification under Section 6 (1) took place in the Village in question. The perusal of Section 6(1) and 6(2) of U.P. C.H. Act will be relevant to appreciate the controversy which is as follows:- "6. Cancellation of notification under Section 4 - (1) It shall be lawful for the State Government at any time to cancel the made under Section 4 in respect of the whole or any part of the area specified therein. (2) Where a notification has been cancelled in respect of any unit under sub-section (1), such area shall, subject to the final orders relating to the correction of land records, if any, passed on or before the date of such cancellation, cease to be under consolidation operations with effect from the date of the cancellation."
Arguments
I have considered the arguments advanced by learned Counsel for the parties and perused the records.
Decision
The perusal of Paragraph Nos. 5,6 and 7 of the writ petition will also be relevant for perusal which are as under:- "(5) That, the learned Consolidation Officer, Bisanda passed order on 10.7.1977 in case No. 7790, Mahadev Vs. Ramsiya to remove name from Gata No. 5646/1, Rakba 1 Bigha 2 Biswa of Khata No. 1092 and to record the name of Mahadev S/o- Parsan, Hari Prasad, Major, Munni Lal minor aged about 15 years, S/o- Jagdev, Guardian Jagdev Prasad, (Father) as Sirdar in aforesaid Khata and Gata number, Lagan will be recovered from 1373 Fasali, Mahadev has 1/2 share, Hari Prasad has 1/4 share and Munni lal has 1/4 share. For kind perusal of this Hon'ble Court, the copy of the order dated 10.7.1977 is being filed herewith and marked as Anexure No.2 to this writ petition. (6) That, the learned Consolidation Officer, passed order on 25.5.2012 in case No. 186, u/s 12 of U.P.C.H. Act that to remove the name of Mahadev S/o- Parsan from Chak No. 1150 resident of Oran, and to record Shravan Kumar S/o- Mahadev as legal heir in aforesaid Chak number. For kind perusal of this Hon'ble Court, the copy of the Akar-Patra-23 is being filed herewith and marked as Annexure No.3 to this writ petition. (7) That, the said orders dated 10.7.1997 in case No. 7790 and order dated 25.5.2012 in case No. 186 passed by Consolidation authority have not been challenged in any court by any party and the said orders have become final so far, the petitioner made effort to record his name in revenue record, but due to cancellation of Consolidation u/s 6(1) of U.P.C.H. Act, 1953, the Revenue authority are not issuing fresh khatauni. It is also relevant to state here that after the cancellation of Consolidation under Section 6(1) of U.P.C.H. Act, the Consolidation proceeding has been abated and the entire jurisdiction has been shifted in the Revenue authority." Perusal of Section 6(2) of U.P.C.H. Act and perusal of averment made in Paragraph No. 7 of the writ petition fully demonstrate that the order passed by Consolidation Officer has attained finality before notification under Section 6(1) of U.P.C.H. Act was issued, as such, interest of justice requires that respondent No.3 District Magistrate/ District Deputy Director Consolidation Banda should record the name of the petitioner in the revenue records. Considering the entire facts and circumstances, the writ petition is allowed and mandamus is issued to respondent No.3 to record the name of the petitioner in view of provisions contained under Section 6(2) of U.P. CH. Act within period of two months from the date of production of certified copy of this order in respect to the plots mentioned in Paragraph Nos. 5 and 6 of the writ petition. It is made clear that if it is found that the order passed by Consolidation Officer has not attained finality then State can file recall application before this Court. Writ petition is accordingly allowed. Order Date :- 13.3.2023 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad