- (1.) Heard Sri Abhishek Kumar, for the petitioners.
(2.) The writ petition has been filed for mandamus directing consolidation authorities not to demarcate and deliver possession of the chaks in village Cheruiyan, tahsil and district Ballia, till disposal of Chak Revision No. 839 of 2015 Santosh Kumar and others Vs. Vashishth and others pending in the court of Deputy Director of Consolidation Ballia under Section 48 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The petitioner states that plots 378, 381 and 382, were original holdings of the petitioner and his co-sharers. These plots situate on roadside and have commercial value. In khatauni, by making forged entry, the names of the contesting respondents were recorded over plot 382. On its basis, Assistant Consolidation Officer allotted a chak to Vashishth Narain on plots 378, 381 and 382 of an area of 0.660 hectare. The petitioner filed an objection (registered as Case No. 135) under Section 21 of the Act but Consolidation Officer by order dated 31.01.2015, dismissed the objection of the petitioner. The petitioner filed an appeal (registered as Appeal No. 382 of 2014-15) from the aforesaid order, which was dismissed by Settlement Officer Consolidation by order dated 25.04.2015. The petitioner filed a revision (registered as Revision No. 839) from the aforesaid order along with a stay application. But Deputy Director of Consolidation is not proceeding in the revision and even he has not passed any order on the stay application although the petitioner has moved application for passing appropriate order on the stay application. In the meantime, the contesting respondents filed Writ-B No. 33266 of 2015, which was disposed of with direction to consolidation authorities to demarcate the chaks and deliver possession over it, if confirmed consolidation scheme has not been stayed from higher court. Hence these writ petitions have been filed.;