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2025 DAILYLAW 9543 (ALL)

JITENDRA KUMAR CHAUHAN v. STATE OF U.P. AND 5 OTHERS

WRIB/278/2025 · 2025-03-16

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37956 Court No. - 50 Case :- WRIT - B No. - 278 of 2025 Petitioner :- Jitendra Kumar Chauhan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajiv Sisodia,Shashank Dwivedi Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Rajiv Sisodia, learned counsel for the petitioner, Mr. P.S. Chauhan, learned Standing Counsel for the State-respondents and Mr. Arun Kumar Pandey, learned counsel for respondent- Gaon Sabha. 2. The instant writ petition has been filed for the following relief:- "(i) Issue an order or direction in the nature of mandamus to direct respondent no. 3, 4 and 5 to start consolidation operation in pursuance of notification under Section 4 of the Act dated 11.08.2023 with respect to village Rehta Mafi Mustkam and Rehta Mafi Ahtmali in the light of circular dated 27.10.2023 issued by respondent no.2." 3. This Court on 25.2.2025 passed the following orders:- "The Consolidation Commissioner, U.P., Lucknow and the District Deputy Director of Consolidation/Collector, Moradabad shall show cause, by an affidavit, why consolidation proceedings in Villages Rehta Mafi Mustkam in part and Rehta Mafi Ahtemali, notified to be commenced on the the basis of notification under Section 4(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 dated 11.08.2023 have not proceeded ahead and are lying in limbo since August, 2023. Let necessary affidavits be filed both by the District Deputy Director of Consolidation, Moradabad and the Consolidation Commissioner, U.P., Lucknow on or before 06.03.2025. Adjourned to 06.03.2025. To be taken up as fresh. The Registrar (Compliance) is directed to communicate this order to the Consolidation Commissioner, U.P., Lucknow and the District Deputy Director of Consolidation/Collector, Moradabad, through the learned Chief Judicial Magistrates of Lucknow and Moradabad, respectively within 48 hours next." 4. In compliance of the order of this Court dated 25.02.2025, the personal affidavit has been filed on behalf of respondent nos.2 and 4 stating that villages in question have been notified under Section 4(2) of the U.P. Consolidation of Holdings Act vide notification dated 11.08.2023 and the consolidation operation has started in the villages as well as the same shall be concluded in accordance with the provisions contained under the Act. 5. I have considered the arguments advanced by the counsel for the parties and perused the record. 6. There is no dispute about the fact that villages in question have been notified under Section 4(2) of the U.P. Consolidation of Holdings Act by way of notification dated 11.08.2023. 7. Full procedure has been prescribed under the U.P. Consolidation of Holdings Act for conducting and concluding the consolidation operation in pursuance of the notification issued under Section 4(2) of U.P. Consolidation of Holdings Act. 8. The personal affidavit filed by the authorities has also contained the fact that the consolidation operation will be concluded according to the action plan prepared to complete the consolidation in both the villages. 9. In view of the facts mentioned in the personal affidavit of respondent nos.2 and 4, the instant writ petition is finally disposed of with observation that consolidation operation shall be concluded in the villages, in accordance with the provisions contained under the U.P. Consolidation of Holdings Act as well as the action plan prepared by the authorities. Order Date :- 17.3.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad