- (1.) These two writ petitions relate to a common cause of action for quashing of the order passed by the District Magistrate/District Deputy Director of Consolidation, whereby the said authority in compliance of the judgment of this Court dated 27.9.2007, has disposed of the representation filed by the Respondent No. 2 Ajay Kumar Singh with a direction to the Settlement Officer Consolidation to proceed with the consolidation operations afresh from the stage of preparation of statement of principles, in so far as it relates to valuation of plots and proposals of allotment without effecting the decisions already taken in relation to the dispute of title.
(2.) The Petitioners in both these writ petitions are the the tenure holders of Village Nuwan Pargana and Tahsil Anamat District Varanasi who have come up assailing the orders on the ground that the order impugned is against the records and without providing any opportunity of hearing to the concerned persons and that the District Magistrate while exercising powers of the Deputy Director of Consolidation has travelled beyond his jurisdiction by reviewing the earlier orders on account of illegal political pressures and to the detriment of the marginal farmers specially the Scheduled Caste and other oppressed classes. In effect the contention is that the consolidation operations that had almost attained finality was being impeded at the instance of land Mafias including the Respondent No. 2 to the detriment of the tenure holders at large. The impugned order being motivated and malafide also deserves to be set aside as no procedure prescribed in law has been followed for the exercise of such powers. It is urged that through an administrative fiat, the Collector has proceeded to exercise his purported powers under Section 48 of the U.P.C.H. Act,1953 without adhering to the principles that are applicable for the exercise of such powers. It is, therefore submitted that the orders passed by the District Magistrate on 7.9.2009 as also the order dated 28.2.2008 recalling the earlier order be quashed.
(3.) Sri S.K. Pandey was heard for the Petitioner and Sri J.P. Sharma has raised his submissions on behalf of Ajay Kumar Singh and the learned standing counsel for the State authority.;