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Allahabad High Court · body

1988 DIGILAW 1011 (ALL)

Hari Kishore v. Consolidation Commissioner, Government of Uttar Pradesh, Lucknow

1988-11-01

K.P.SINGH

body1988
JUDGMENT K.P. Singh, J. - Heard learned counsel for the petitioners. The petitioners have approached opposite party no. 1 through annexure 3' attached to the writ petition. The claim of the petitioners before me is that village Nandigon cannot be brought under consolidation operation in view of the earlier report of the Asstt. Consolidation Officer, annexure 1' attached with the writ petition it has been strenuously contended that the another Assistant Consolidation Officer is bent upon to bring the village under consolidation operation The move of the petitioners before the higher authorities, namely, the Settlement Officer Consolidation and the Deputy Director of Consolidation, has failed and they have directed the matter to be taken up by that Assistant Consolidation Officer who is interested in bringing the village under consolidation operation. In the aforesaid circumstance, the petitioners have approached opposite party no. I through annexure 3'. 2. It has been stressed before me that this writ petition may be entertained and the opposite party no. 1 be asked to submit proper report whether the village is fit for bringing under consolidation operation. In my opinion it is not a fit case where the suggestion made on behalf of the petitioners could be accepted at this stage I am sure that if the petitioners approach opposite party no. 1 with the order of this court, the opposite party no i will look into the grievance of the petitioners and shall pass appropriate order so that the petitioners may not have any grievance that their claim has not been adjudicated by tire higher authorities. It is submitted that the present Asstt Consolidation Officer will succeed in bringing the village, under consolidation operation without proper determination of the claim raised by the petitioners it is observed that till the opposite party no. 1 decides the claim of the petitioners contained in annexure 3 to the writ petition the village need not be brought under consolidation operation. 3. With the above observation, this writ petition is finally disposed of at this stage and it is expected that the petitioners shall approach the opposite party no. 1 with a copy of this order within two weeks from today and opposite party no. 1 shall look into the grievance of the petitioners and do S necessary in the facts and circumstances of the present case. 4. 1 with a copy of this order within two weeks from today and opposite party no. 1 shall look into the grievance of the petitioners and do S necessary in the facts and circumstances of the present case. 4. A copy of this order may be given to the learned counsel for the petitioner on payment of necessary charges, within 24 hours.