S.U.KHAN,J. - (1.) HEARD learned counsel for the petitioners.
(2.) THE prayer in this writ petition is that writ of mandamus may be issued "commanding respondent Nos. 2, 3 and 4 to ensure the compliance of the orders dated 11.6.2008 and 10.7.2009 passed by the (sic S.O.C. (new unit) Jaunpur) and respondents may be restrained from raising any construction over the Bhomidhari plots of the petitioners i.e. plot Nos. 101 and 110 situate at village Pilkhini, Pargana Saremu, Tehsil Sadar, District Jaunpur". Respondent Nos. 2, 3 and 4 are C.O. (Consolidation Officer) Kirtapur-I, District Jaunpur, C.O. Dharmapur district Jaunpur and Station Officer Police Station Gaura, Badshapur, district Jaunpur. Order dated 11.6.2008 is Annexure 3 to the writ petition. It has been passed by S.O.C. Jaunpur. At the top of the order case number is mentioned as 889 under Section 45-A. Names of the parties are not given. It is a direction to C.O. It is stated in the said order that Chandrika Prasad and others (petitioners) have filed an application under Section 45-A to the effect that they are owner in possession and Bhoomidhar of plot Nos. 101 and 110 situate in the village in question, that plot No. 110 is being used as Abadi and Sehan (courtyard) that both the plots are included in each other that opposite parties Subhash Singh, Vakil Singh and Awadesh Singh without obtaining permission and illegally and through force intend to make construction and on being asked to desist they threaten to quarrel and they intend to usurp disputed land/abadi and they must be restrained from making construction and taking possession. Thereafter it was directed that C.O. must get the spot inspected and in case it was found that without any permission some construction was being made by the respondents over the plot in dispute then the same at once be got stopped. Compliance report should be sent. Thereafter it is mentioned that the copy of the said order should be sent to S.H.O. (Thana Adhyaksha) concerned for sending requisite police force for stopping any construction if respondents were making it without permission so that law and order might be maintained. Order of S.O.C. Jaunpur (new unit) dated 10.7.2009 is Annexure IV to the writ petition. The number of the case in which the said order has been passed is shown to be 65/reader. The said order is also addressed to C.O. Kirtapur first stating that the petitioners have filed an application under Section 45-A to the effect that they are owners in possession and Bhoomidhar of both the above plots and that plot No. 110 M area 1.00 is entered in the name of Gangadhar and still name of legal representatives of Gangadhar has not been entered in the revenue record. Rest of the allegations were same as mentioned in the earlier order dated 11.6.2008 and similar direction was issued as was issued through the previous order. At the end of the said order it is mentioned that copy should be sent to S.H.O. concerned so that he could also take action at his level and supply requisite police force to consolidation staff. The Court wonders how such orders could be passed by S.O.C. In the orders particularly in the first order it is categorically mentioned that land in dispute is abadi. Consolidation Authorities have got no right to determine the rights of the parties in respect of Abadi land. Abadi land is to be kept out of the Consolidation operation.
(3.) IT is highly doubtful as to whether Consolidation Authorities have got any power to issue injunction orders vide Akala Devi v. D.D.C., 2001 RJ 996:2003 (Suppl.) RD 288.;