S.U.Khan, J. - (1.) Heard learned counsel for the petitioner who has also filed supplementary affidavit today and learned standing counsel. The grievance of the petitioner is that the village in question has been included in Gorakhpur Industrial Development Authority (GIDA) Master plan, however simultaneously consolidation is also going on therein. Annexure 5 is copy of representation dated 10.06.2009 given by 14 persons including the petitioner who is at serial no.1. in the said application to Consolidation Commissioner Lucknow for taking out gram sabha Bharsar Tehsil Sahjanawa District Gorakhpur from consolidation operation. The State Government has delegated its powers under Section 6 of U.P.C.H. Act to the Consolidation Commissioner. Under the said section under certain circumstances an area may be taken out from the consolidation. In this regard reference may also be made to U.P. Consolidation of Holding Manual issued by Consolidation Department in March 2002 paragraph 13 and 13 A.
(2.) Accordingly, writ petition is disposed of with the direction to Consolidation Commissioner to decide the representation by a reasoned order including the question as to whether Commissioner is empowered to take out a village from consolidation operation or not. It is hoped that Consolidation Commissioner will decide the matter expeditiously preferably within four months from the date of receipt of certified copy of this order which shall be sent through registered post and shall also be supplied personally to the office of Consolidation Commissioner. If the decision goes against the petitioner, refusing to take out and exempt the village in question from consolidation operation, and the said order is challenged through writ petition then its justifiability will have to be determined in accordance with the authority reported in Ramesh Chand v. State, 2009 (106) R.D. 462.
(3.) Office is directed to supply a copy of this order free of cost to Sri N.P. Pandey learned standing counsel within three days for being sent to Consolidation Commissioner. Petition Disposed of.;