Research › Search › Judgment

Allahabad High Court · body

2025 DIGILAW 244 (ALL)

Ramkunwar v. State of U. P.

2025-02-06

CHANDRA KUMAR RAI

body2025
JUDGMENT : Chandra Kumar Rai, J. 1. This matter has been nominated to this Bench by the Hon’ble The Chief Justice vide order dated 24.1.2025. 2. Heard Mr. Vinod Kumar Upadhyay, learned counsel for the petitioner and Mr. Tarun Gaur, learned standing counsel for the state-respondents. 3. Brief facts of the case are that village- Atali, Pargana & Tehsil-Budhana, District- Muzaffarnagar came under consolidation operation by way of notification issued on 16.12.1983, under section 4 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “U.P.C.H. Act”) and till date, consolidation operation has not been concluded in the village in question. Civil Misc. Writ petition No.- 11378 of 1991 (Rajpal Singh vs. state of U.P. & Others) was filed before this Court and consolidation proceedings of the Village- Atali was stayed by this Court. The aforementioned writ petition No.- 11378 of 1991 was disposed of finally vide order dated 28.11.2007, directing the Consolidation Commissioner to decide the grievance of parties within period of three months. In compliance of the order of this Court dated 28.11.2007, Consolidation Commissioner, U.P., Lucknow decided the dispute/representation of Rajpal Singh & Others vide order dated 26.11.2008. In pursuance of the order of Consolidation Commissioner dated 26.11.2008, consolidation operation/proceeding proceeded before the consolidation authorities. Settlement Officer Consolidation vide order dated 18.1.2010 set-aside the proceeding upto the stage of section-8 of U.P.C.H. Act of village- Atali and directed the consolidation authorities for fresh partal in the village as well as for conclusion of chak carvation proceeding within period of four months. One title appeal was decided by Settlement Officer Consolidation vide order dated 1.10.2020, affirming the order dated 18.1.2010 as well as remitted the matter before Consolidation Officer. Revision under section-48 of U.P.C.H. Act filed against the order dated 1.10.2020 is pending before revisional court. Hence this writ- petition on behalf of petitioner for following relief:- “Issue a writ, order or direction in the nature of mandamus, directing the respondents to not to proceed with the further consolidation proceeding of village Atali, Pargana, Tehsil and District Muzaffarnagar till the decision of boundaries of the village Atali, Pargana, Tehsil and District Muzaffarnagar.” 4. This Court vide orders dated 5.11.2024/21.11.2024 directed the learned standing counsel to obtain instruction in the matter, accordingly instruction dated 18/16.11.2024 was sent by Settlement Officer Consolidation which has already taken on record. 5. This Court vide orders dated 5.11.2024/21.11.2024 directed the learned standing counsel to obtain instruction in the matter, accordingly instruction dated 18/16.11.2024 was sent by Settlement Officer Consolidation which has already taken on record. 5. Learned Counsel for the petitioner submitted the boundary dispute between the village- Atali and village-Riyawali Nagla has not been settled as such consolidation proceeding in village- Atali be stayed . He further submitted that in pursuance of the order of this Court dated 28.11.2007, inquiry was not conducted in proper manner, as such, consolidation proceeding cannot proceed in the village- Atali. He further submitted that order passed by this Court in writ- petition No.- 1366 of 2023 to decide revision no.- 107 of 2022 within four months, has not been complied with, as such, consolidation proceeding in the village in question cannot proceed. 6. On the other hand Mr. Tarun Gaur, learned standing counsel for the state submitted that village- Atali came under consolidation operation in 1983 but till date consolidation operation has not been concluded in the village- Atali, as such, instant writ-petition can not be entertained. He further submitted that earlier writ-petition no.- 11378 of 1991 filed for the same relief, was decided vide order dated 28.11.2007, as such, instant writ-petition for staying the consolidation proceeding in village- Atali can not be entertained. He further submitted that in pursuance of the order dated 28.11.2007 passed by this Court, Consolidation Commissioner passed the order dated 26.11.2008, as such, the argument advanced by learned counsel for the petitioner can not be accepted. He submitted that petitioner is only interested to linger on the consolidation proceeding in village- Atali as such writ- petition is liable to be dismissed with cost. 7. I have considered the arguments advanced by learned counsel for the parties and pursued the record. 8. There is no dispute about the fact that village- Atali, Tehasil- Budhana, District- Muzaffarnagar came under consolidation operation on 16.12.1983 but till date the consolidation operation has not concluded in the village even after expiry of 41 years. 9. In order to appreciate the controversy involved in the matter the perusal instruction dated 18/16.11.2024 sent by consolidation authorities will be relevant which is as under:- 10. 9. In order to appreciate the controversy involved in the matter the perusal instruction dated 18/16.11.2024 sent by consolidation authorities will be relevant which is as under:- 10. The perusal of instruction dated 18/16.11.2024 fully demonstrate that instant writ- petition has been filed to linger on the consolidation proceeding in the village- Atali which is against the provisions contained under the U.P.C.H.Act. It is also material that earlier writ- petition relating to consolidation operation in the village- Atali has been decided on 28.11.2007, as such, instant writ- petition filed in the year 2024 for staying the consolidation operation in the village- Atali is abuse of process of law. It is also material that judicial proceedings (objection, appeal, revision) are pending before consolidation authorities as such the same shall be decided in accordance with law by consolidation authorities rather writ petition before this Court to stay the consolidation proceeding which is pending since 16.12.1983. 11. Considering the entire facts & circumstances of the case, no interference is required in the matter. 12. The writ petition is dismissed with an observation that consolidation operation shall be concluded in the village- Atali, Pergana & Tehasil- Budhana, District- Muzaffarnagar as expeditiously as possible.