- (1.) Heard Sri Ashutosh, Sri Girijesh Tiwari, Sri Vishram Tiwari and Standing Counsel who are appearing in the writ petitions for the parties.
(2.) Writ - B No. - 35539 of 2013 has been filed for issue of mandamus directing the respondents to demarcate the chaks of village Tikaria, tappa Gaura, tahsil and district Gorakhpur as confirmed by Settlement Officer, Consolidation on 01.12.1984 and deliver possession to the chak holders on it. While WRIT - B No. - 38923 of 2013 has been filed for quashing the order of District Magistrate/ District Deputy Director of Consolidation, Gorakhpur (respondent-2) dated 14.05.2013, by which he has constituted a Committee and directed to demarcate the chaks and deliver of possession over it, after disposal of grievances of the chak holders and for quashing the notification dated 27.11.1993/ 11.12.1993, under Section 52 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) relating to finalization and closing the consolidation operation in village Tikaria, tappa Gaura, tahsil and district Gorakhpur and for issue of mandamus directing the respondents to initiate fresh consolidation proceedings in the village under Section 4-A of the Act. Both the writ petitions are contradictory to each other as such these petitions are consolidated and heard together. Facts of the both the petitions are common.
(3.) By the notification dated 27.07.1981, under Section 4 (1) of the Act, consolidation operation was started in village Tikaria, tappa Gaura, tahsil and district Gorakhpur. After partal and framing Statements of Principle, in due course, the village was notified under Section 9 of the Act on 01.12.1982. Various objections under Section 9-A, 9-B and 9-C of the Act were filed in the village. During pendency of the disputes under Section 9-A, 9-B and 9-C of the Act, the Provisional Consolidation Scheme was framed under Section 19-A of the Act and notification under Section 20 was made on 28.02.1984. Thereafter, various objections under Section 20 of the Act were filed. Kripa Narain and others filed Writ Petition No. 1939 of 1985, praying therein that till disposal of title dispute, confirmation of Provisional Consolidation Scheme in the village be stayed. This Court, by order dated 28.02.1985, stayed the proceedings under Section 20 of the Act, in respect of the disputed land. In the meantime Provisional Consolidation Scheme of the village was confirmed by Settlement Officer Consolidation on 01.12.1984, but due to aforesaid stay order, demarcation of the chaks and delivery of possession over it to the chak holders was not done. Without demarcation of the chaks and delivery of possession, final consolidation records were prepared and on the report of consolidation authorities, the notification under Section 52 of the Act was published on 27.11.1993/11.12.1993, finalizing and closing the consolidation operation in village Tikaria, tappa Gaura, tahsil and district Gorakhpur.;