Sadhu Ram and Others vs District Deputy Director of Consolidation/Collector and Others

Sudhanshu Dhulia, J.—Heard Sri Rajendra Singh, Advocate for the Petitioners as well as Sri Sudhir Kumar, Brief Holder for the State at length.

This writ petition has been filed against the order dated 27.7.1999 passed by the Settlement Officer of Consolidation, Haridwar Camp at Roorkee as well as order dated 16.8.2001 passed by the District Deputy Director of Consolidation/Collector, Haridwar.

The brief contention of the Petitioners is that although the Consolidation Officer had rightly consolidated the land of the Petitioners, but in appeal filed by the Respondents, their holdings were split into two. The principal contention of the Petitioners is that the main purpose of the Uttar Pradesh Consolidation of Holdings Act, 1953 is to consolidate the holdings of the tenure holder. This purpose has not been achieved in the present case.

On the other hand, the State Counsel states that no prejudice has been caused to the Petitioners, inasmuch as, the land which has been given to the Petitioners is on their original holdings.

Be that as it may, the order dated 16.8.2001 passed by the Revisional Authority is set aside and the matter is remanded back to the District Deputy Director of Consolidation/Collector, Haridwar, who shall examine the possibility if consolidated land at one place can be given to the Petitioners, which would be in letter and spirit of the Uttar Pradesh Consolidation of Holdings Act, 1953. However, by doing so, the land of no other tenure holder shall be disturbed.

Since it is a very old matter, the District Deputy Director of Consolidation is directed to decide the matter expeditiously, but in any case not later than three months from the date a certified copy of this order is handed over to him.

With the above observations, wrsit petition is finally disposed of.

No order as to costs.