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Ravendra Kumar v. Upper Collector, Farrukhabad & Others - WRIT - C No. 21929 of 2006 [2006] RD-AH 8236 (24 April 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court no. 40

Civil Misc. Writ Petition No. 21929 of 2006

Ravendra Kumar....................................................petitioner


Upper Collector Farukhabad and others.........Respondents.

Hon. S.N.Srivastava, J.

In the course of hearing of this writ petition which has been instituted for the relief of a writ of certiorari quashing the impugned orders dated 14.2.2006 passed by Upper Collector Farukhabad, it has been noted with concern that C.H. form no. 23 which are issued by the subordinate consolidation officials suffer from lack of requisite details inasmuch as sometime details of original plots and other requisite details necessary for effective adjudication of the dispute, are omitted. In substance, the C.H. forms of which certified copies are issued are not being prepared in accordance with the provisions of U.P. Consolidation of Holdings Act.

I feel called to say that this petition is not the solitary instance where such omission has been noticed. In most of the petitions being entertained by this Court in this jurisdiction, the litigant public who are supplied C.H. Forms with incomplete details have to be rushed back for getting C.H. form with complete details which not only protracts disposal of cases but to their chagrin,  the litigant public have to incur avoidable cost in journey to and fro.

Reverting to the present case, from a perusal of U.P.C.H. form no. 23, it is obtrusively noticeable that the copies of U.P.C.H. Form no. 23 do not contain details of original plots and this Court is compelled to stop short and reluctantly adjourn further hearing of the case attended with the direction to file supplementary affidavit along-with C.H.Form no.23 complete in requisite details.

Since failure to issue C.H. Form with complete details has been obstructing smooth hearing and delaying disposal of good deal of cases in this Court, it would be appropriate to issue peremptory directions in this regard so that unnecessary excessive cost and avoidable delay may be avoided in the expeditious disposal of cases. Therefore, in the fact-situation as aforesaid, it would be but proper to direct the authorities that be that whenever C.H. Form no. 23 is issued either in proceeding under section 20 or at any subsequent stage or on an application moved by a tenure holder, it be ensured that the subordinate officials issue C.H. Form no.23 complete in requisite details. The authorities concerned may evolve their own method/mechanism to see that whenever C.H. Form 23 or any other C.H. Form is issued to a tenure holder, it contains all requisite details at the same time prescribing that failure to do so on the part of official concerned would entail punishment for dereliction of duty.

In view of the above, it is directed that petitioner may file supplementary affidavit annexing therewith C.H.Form no. 23 containing all requisite details. In the meantime, parties shall maintain status quo on spot till then.

Office may communicate the order aforesaid to the Director Consolidation U.P. Lucknow and also to Chief Standing Counsel, High Court Allahabad for strict compliance of the directions contained therein.

List this matter on 9th May 2006.




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