High Court of Judicature at Allahabad
Case Law Search
Mata Prasad & Others v. D.M./District Dy. Director Of Consolidation, Basti & Others - WRIT - B No. 7700 of 2007  RD-AH 2455 (14 February 2007)
Civil Misc. Writ Petition No. 7700 of 2007
Mata Prasad & others ........................................................................ Petitioner
District Deputy Director of Consolidation,
Basti & others ........................................................................ Respondents
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and Sri Rakesh Pathak appearing for the respondents.
By this writ petition the petitioner has prayed for quashing the order dated 27.12.2006 passed by the District Magistrate/ District Deputy Director of Consolidation, Basti. Petitioner earlier has filed writ petition No. 52376 of 2006 which was disposed of by this Court on 22.9.2006 directing the District Deputy Director of Consolidation, Basti to consider and take decision on the representation of the petitioner dated 22.3.2006. In pursuance of the said order the impugned order has been passed. The village in question was under consolidation. Notification Under Section 52 was published on 3.8.1985 and the records were sent to Tahsil. The respondents earlier filed writ petition No. 2144 of 1988 restraining the consolidation authorities from making any correction in the records. The said writ petition was decided by this Court on 3.3.1989. This Court passed an order prohibiting the consolidation authorities from adjudicating upon any case or title about any plot or chak or to make any correction in the consolidation records under Section 42-A of the U.P. Consolidation of Holdings Act. After the said order again a writ petition was filed by the petitioner being writ petition No. 53936 of 2005 stating that the reference proceedings have not been decided and the records have been directed to have been sent to Tahsil. This Court vide its judgement dated 5.8.2005 observed :-
" However, the grievance of the petitioner if any has already been protected for being entertained by the observation as has been made by this court in the judgement
dated 3.3.1989 in writ petition No. 2144 of 1988 and therefore, it is for the aggrieved person against the error if any in the record to move to the competent revenue court in terms of the observation of this court as made in the judgement referred above. As about 19-20 years has already passed after de-notification of the village now it is for the consolidation authorities to move very fast to get order of the Collector, impugned before this Court implemented."
After the said order of this Court the petitioner filed again another writ petition No. 52376 of 2006 which was disposed of on 22.9.2006. As noticed above the District Deputy Director of Consolidation in the impugned order has taken the view that the records have been forwarded to the Tahsil and it will be open for the applicant to move an application for correction of the record Under Sections 33/39 and 28 of the Land Revenue Act. It was further observed that right can also be claimed Under Section 229-B of the U.P. Zamindari Abolition & Land Reforms Act. The application for correction of record was earlier filed and the District Deputy Director of Consolidation had rejected application after hearing the parties. The same view was taken in the earlier writ petition being writ petition No. 2144 of 1988. The de-notification having been issued on 3.8.1985 and the records having been forwarded to the Tahsil, no error has been committed in taking the view that the correction can be made under Land Revenue Act. At this stage as observed by the Collector it is always open for the applicants to seek correction Under Sections 33/39 and Section 28 of the U.P. Land Revenue Act. I do not find any error in the order of the Collector warranting interference under Article 226 of the Constitution. As observed above, the liberty has been reserved to the applications to seek correction.
Subject to above observation, the writ petition is dismissed.
Double Click on any word for its dictionary meaning or to get reference material on it.