- (1.) Heard Sri Rajesh Kumar Srivastava, learned counsel for the petitioners and learned Standing Counsel appearing for the State respondents.
(2.) Through this writ petition, prayer has been made to issue a writ of certiorari quashing the impugned notification dated 5.6.2013 issued by the respondent no. 2/Director of Consolidation U.P. Lucknow by which the notification no. 4595/G-35/60 dated 19.8.1989 under Sub-Section 2 of Section 4A of U.P. Consolidation of Holdings Act, 1953 (in short 'the Act') has been cancelled.
(3.) The facts giving rise to this case are that the village in question was notified for consolidation vide notification dated 19.8.1989 mentioned hereinabove. The consolidation proceeded but because of opposition in village with respect to completion of the consolidation proceeding, the matter had earlier come up before this Court through Civil Misc. Writ Petition No. 16064 of 2006 (Brighu Nath Lal vs. State of U.P. and others) and Writ Petition No. 1422 of 2005 (Gaon Sabha Shrinagar and another Vs. State of U.P. and others). Through Writ Petition No. 1422 of 2005, the Gaon Sabha had knocked door of this Court for quashing the consolidation proceedings on account of illegalities and irregularities committed by the consolidation authorities and through other writ petiton, certain persons have approached this Court with the prayer to complete the consolidation proceedings. Both the writ petitions were clubbed and decided together vide order dated 31.3.2006. For appreciation, the order dated 31.3.2006 is reproduced hereinunder :- These are two connected writ petitions. Writ Petition No. 1422 of 2005 has been filed by Gaon Sabha seeking a relief in the nature of mandamus to direct the Consolidation Authorities to quash the entire consolidation proceedings of the village on grounds of various illegalities and irregularities. During the pendency of the said writ petition another writ petition no. 16064 of 2006 has been filed seeking a relief to direct the consolidation authorities to take necessary steps to complete the consolidation proceedings. In this writ petition an order dated 17.2.2005 passed by the Deputy Director of Consolidation, Ballia has been annexed by which the Consolidation proceedings undertaken had been set aside and a direction has been issued to restart the consolidation proceedings from the stage of Assistant Consolidation Officer. In view of the aforesaid order passed by the Deputy Director of Consolidation writ petition no. 1422 of 2005 appears to have become infructuous and is accordingly dismissed. In so far as writ petition no. 16064 of 2006 is concerned the same is disposed of with a direction to the consolidation authorities to complete the consolidation proceedings in accordance with law and as per the direction given by the Deputy Director of consolidation vide order dated 17.2.2005 as expeditiously as possible.;