- (1.) ASHOK Bhushan, J. Heard Sri Preetpal Singh Rathore, learned counsel for the petitioners, Sri R, C. Singh, learned counsel who appeared in writ petition No. 53151 of 2005 for newly impleaded respondent and learned Standing Counsel appearing for the State.
(2.) BOTH the aforesaid writ petitions have been filed challenging the proceed ings of consolidation in respect of village and qasba Asafpur Tehsil Bisauli District Budaun. BOTH the writ petitions pray that writ of certiorari be issued quashing the entire proceedings in village and qasba Asafpur Tehsil Bisauli District Budaun. Mandamus be also issued directing the respondents to restart the consolidation proceedings afresh in respect of kabza parivartan. Mandamus has also been sought praying for a direction to the respondents Nos. 3, 4 and 5 to comply the order dated 20. 6. 2005 passed by Consolidation Commissioner asking report from Settlement Officer of Consolidation, Badaun. The brief facts necessary for deciding the writ petitions are; village and qasba Asafpur Tehsil Bisauli District Budaun is under consolidation operations after issuance of notification under Section 4 sub- section (2) of U. P Consolida tion of Holdings Act, 1953. After issuance of notification the proceedings were initiated and consolidation authorities proceeded up to carvation of chak. The petitioner's case is that valuation of plot was fixed in the year 1985 and on the basis of said valuation proceedings of chak carvation have been started in the year 2004-05. The petitioners' further case is that objections were filed before Consolidation Commissioner by villagers praying that revaluation be done of the plots and thereafter consolidation proceedings be proceeded any further. Repre sentations are said to have been sent to the Consolidation Commissioner on which Consolidation Commissioner on 20th June, 2005 wrote to Settlement Of ficer of Consolidation asking for submission of report immediately. Further petitioner's case is that no action has been taken thereafter for stopping the consolidation proceedings, hence, the present writ petition has been filed.
(3.) IN the writ petition it is averred that several irregularities have been commit ted by the consolidation authorities regarding fixation of valuation of land and exchange ratio of plots. It is pleaded that grievances have not been redressed. It is averred that value of inferior land has been enhanced and value of superior land has been decreased, it is averred that provisions of Consolidation of Holdings Act have not been followed by the consolidation authorities. Counter affidavits have been filed by the State as well as by newly im pleaded respondent. In the counter affidavit filed by the State the allegations made in the writ petition have been denied. It is pleaded that consolidation proceedings have been held in accordance with the procedure prescribed. The objections re ceived against CH form No. 5 have been decided and thereafter CH form No. 23 (1) have been prepared. It is further stated that chaks have not yet been measured due to interim order passed by this Court in this writ petition on 2nd August, 2005. It is further averred in the counter affidavit that 90% villagers are satisfied by the consolidation proceedings and only 10% villagers are raising objections. It is averred that valuation of plot and exchange ratio has rightly been fixed. The alle gations with regard to plot Nos. 359, 601/1, 602/2, 636, 638, 1009 and 637 have been denied. In the counter affidavit filed by the newly impleaded respondent the averments made in the writ petition have been denied. It has been averred that proceedings up to stage of Section 23 of the U. P. Consolidation of Holdings Act, 1953 has been completed by strict adherence of provisions of the Act- It is further stated that under the scheme of Act there is right of filing objection, revision and appeal which can very well be availed by the aggrieved persons.;