- (1.) HEARD Sri P.K.Rai, learned counsel for the petitioners, learned Standing Counsel and Sri B.P.Singh Kachhawah, learned counsel appearing for the private respondents.
(2.) BY means of this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the orders dated dated 8.10.2013 and 25.10.2004 passed by learned Member Board of Revenue,U.P.Allahabad and Uppar Zila Adhikari (Prashashan) Muzaffar Nagar respectively. It appears on a miscellaneous application filed by the villagers for removal of encroachment over khata no.205 area 3.240 hectare and khata no. 239 measuring about 0.9700 hectare, total 4.2100 hectare, the Additional District Magistrate (Administration) Muzzafar Nagar has directed to make an inquiry and in case, the possessions of the respondents are found to be illegal over the gaon sabha land, the same may be removed and appropriate action be taken against the unauthorized occupants. Challenging this order, the petitioners have filed revision before the Board of Revenue. The revision has been dismissed with the observation that the petitioners have remedy before the Additional District Magistrate (Administration) itself.
(3.) IN the submission of learned counsel for the petitioners, the village is under consolidation operation and in respect to the same land, an appeal, filed by the petitioners, is pending before the Settlement Officer Consolidation. In his submissions, once the village is under consolidation operation,the revenue authorities have no jurisdiction to proceed with the matter as the matter is seized up with the consolidation authorities.;