JUDGEMENT
Ram Surat Ram (Maurya), J. -
(1.) Heard Shri P.N. Tripathi, learned Counsel for the petitioners and Shri B.L. Verma and Standing Counsel for the respondents.
The writ petition has been filed for mandamus directing the Settlement Officer of Consolidation, Purani Ekai, Jaunpur to provide possession to the petitioners over Plot No. 1062 etc. 1st Chak area 2.56 decimal situated in Village Shahpur, Pargana Khaparaha Tehsil Sadar District Jaunpur.
It has been stated in the writ petition that original holding of the petitioners was Plot No. 797, 809, 882, 1062 total area 0.563 acre, in lieu of it, the petitioner was allotted two chaks, 1st Chak was allotted on Plot No. 1062 etc. of the area 1.024 Hectare and second chak was allotted on Plot No. 1.014 etc. of the area 0.351 Hectare. The Chak of the petitioner was slightly modified by Consolidation Officer by the order dated 1.12.2014 and small area from 2nd Chak has been disturbed but the Chak remains at the same place. Although the provisional consolidation scheme has been confirmed but the possession over the Chak allotted to the petitioners has not been delivered. The petitioners have also made a representation in this respect before the Settlement Officer of Consolidation on which a report has been called from the Sub Ordinate Authority. By the order dated 28.11.2014, the Sub Ordinate Authority has submitted his report that on the spot crop of wheat was standing as such after harvesting the crop, the demarcation and possession could be made to the petitioner. Although the demarcation of the Chak has been made on the spot.
(2.) Thereafter the petitioners moved a representation before the Collector on which the Collector by the order dated 30.8.2010 directed the Local Police Station to make spot inspection on the spot and do the needful.
(3.) Thereafter the Sub Divisional Officer by the order dated 26.3.2012 also directed the Local Police Station for delivering possession of the petitioners over the land in dispute. Inspite of the aforesaid orders, the petitioner could not obtain possession over the land in dispute.;
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