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Ram Singh 'Vagesh' & Another v. State Of U.P. & Others - WRIT - B No. - 66422 of 2005 [2007] RD-AH 14787 (31 August 2007)

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).


Hon.Janardan Sahai,J

The petitioner no.1 is a tenureholder of village Gharwaspur, Mirzapur and the petitioner no.2 is elected member of Gram Panchayat, Gharwaspur. The petitioners' case is that a notification under Section 4(2) of the U.P.Consolidation of Holdings Act was published in the year 1993 and thereafter the consolidation operations were carried on in the village ; that notices under Section 9 of the Act were issued inviting objections; that and all cases, including appeals and revisions were disposed of; that the consolidation scheme has also been confirmed and delivery of possession of chaks have been given made notification under Section 52 of the Act has not been issued for no justifiable reason.

A counter affidavit has been filed by the State. The only submission made by the learned Standing Counsel is that three writ petitions are pending and that papers have already been sent to the State Govt. for issuance of notification under Section 52 of the Act and the matter is pending consideration of the State Govt. In view of these facts as the matter is pending consideration of the State Govt. no ground for interference under Article 226 of the Constitution of India has been made out. However the State Govt. may consider the proposal sent by the consolidation authorities and pass appropriate orders expeditiously.

With these observations, the writ petition is dismissed.


wp 66422/05


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