RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri S.K. Tyagi, for the petitioners, Standing Counsel for State of U.P., and Sri V. C. Mishra, Senior Advocate, assisted by Sri Sarvesh Singh, for the objectors.
(2.) THE writ petition has been filed for mandamus directed the consolidation authorities to cancel, entire consolidation proceeding of village Alamgirpur under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) VILLAGE Alamgirpur, pargana and district Meerut was brought under consolidation operation some time on 05.02.2003 by notification under Section 4 (2) of the Act, in the unit. Settlement Officer Consolidation constituted 'Consolidation Committee' of the village on 06.02.2003 according to the provisions of Rule -3 -A of U.P. Consolidation of Holdings Rules, 1954, in which Charan Singh, Chairman of Land Management Committee was made Chairman of Consolidation Committee. Thereafter, partal was made and Statement of Principle was framed on 07.03.2008 according to the provisions of Section 8 -A of the Act, and village was notified under Section -9 on 31.03.2008. Settlement Officer Consolidation included four new members in Consolidation Committee on 28.03.2008. It appears that Charan Singh, Chairman and Ram Kishan, Member of Consolidation Committee died in the year 2009 and a meeting was held on 24.06.2009 in which Phool Singh was elected as Chairman and new members were included in Consolidation Committee. Thereafter, revised consolidation records were published under Section 10 of the Act. Assistant Consolidation Officer framed Provisional Consolidation Scheme and published the village under Section 20 of the Act and CH Form 23 were distributed to individual tenure holders and after disposal of chak objections and chak appeals, Settlement Officer Consolidation confirmed provisional Consolidation Scheme on 27.01.2012. The petitioners, with the signatures/thumb impressions of various villagers, filed an application before Hon'ble Revenue Minister, State of U.P. on 02.04.2012, its copy was also sent to various authorities, including District Deputy Director of Consolidation, Meerut, for holding an inquiry in respect of forgery committed in 'Statement of Principle' and for its cancellation and taking appropriate action against the persons, responsible for making forgery in 'Statement of Principle'. In this representation three issues were alleged, namely (i) Consolidation Committee in its resolution dated 07.03.2008, proposed to reserve plot 323 (0.138 hectare) for extension of 'Harizen abadi and plot 241 (area 0.630 hectare) for construction of Ambedkar Park. It has been further resolved that as sufficient land had already reserved for other public purpose as such there was no need to make and reservation for other public purpose. Settlement Officer Consolidation, without any information to the villagers or members of Consolidation Committee, by order dated 28.03.2008, included four additional members in Consolidation Committee, under political pressure against the provisions of Rule -3 -A, (ii) Resolution of Consolidation Committee dated 07.03.2008 has been fabricated and a sentence for reserving plot 589 (area 0.241) for plantation has been inserted in it. This fabrication has been made by Ved Prakash Paliwal, subsequently included member in Consolidation Committee, in collusion with consolidation staff for giving undue benefit to his brother Jai Prakash Paliwal as plot 589 was original holding of Jai Prakash Paliwal, who was allotted its valuation on plots 624 and 627, which were roadside land and (iii) Plots 459/1, 459/2 and 459/3, which were original holdings of Ved Prakash Paliwal, were reserved for Alamgirpur School on 02.05.2008, although Alamgirpur School was already having 27 Bigha land and valuation of plot 459 was allotted to Ved Prakash Paliwal on plots 624 and 627, which are roadside land.;