Krishna Murari, J. - (1.) Heard Sri B.B. Paul learned Counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 to 5 and Sri V.K. Singh for the respondent No. 6.
(2.) Petitioner had approached this Court earlier by filing Writ Petition No. 4646 of 2005 seeking a writ or mandamus directing the Deputy Director of Consolidation to decide the correction application filed by the petitioner under section 42-A of the Act for correction of certain errors in the judgment of Deputy Director of Consolidation. The writ petition was disposed of with the direction to decide the application within a period of two months. It is stated that in pursuance of the order passed by this Court, the Deputy Director of Consolidation has considered and decided the said applications vide order dated 4.5.2005. A perusal of the order goes to show that same has been passed after hearing the petitioner as well Gaon Sabha. Thereafter, the petitioner moved an application under Rule 109-A before the Consolidation Officer for amaldaramad of the said order in the record. It is alleged that on account of executive instruction dated 24.12.2004 issued by Consolidation Commissioner directing all the consolidation authorities throughout the State not to implement or make any amaldaramad of any order passed with regard to Gaon Sabha land without prior permission of the District Deputy Director of Consolidation the application filed by the petitioner is not being considered. Learned Counsel for the respondents have failed to point out any provision of law which empowers the Consolidation Commissioner to issue such executive instruction. Under section 27 of the Act, it is duty of the consolidation authorities to maintain and update the revenue records as per the provisions contained In U.P. Land Revenue Act.
(3.) In view of the aforesaid. Consolidation Officer, respondent No. 5 is directed to decide the application dated 7.5.2005 in accordance with law after hearing all the parties concerned within a period of six weeks from the date of production of certified copy of this order without being influenced by the executive instruction issued by the Consolidation Commissioner contained in letter 24.12.2004.;