Vidhichand and Another vs State of U.P. and Others

Ram Surat Ram (Maurya), J.—Heard Sri S.P. Pandey for the petitioners. The writ petition has been filed against the order dated 14.11.2013 passed by Settlement Officer, Consolidation, Azamgarh by which the village Mirjapur has been attested to the circle Baithauli in exigency of the work and Ram Palat, Asstt. Consolidation Officer, Sri Ram Asrey Singh Yadav, Consolidator and Sri Lallan Yadav, Consolidation Lekhpal, who were posted in Circle of Assistant Consolidation Officer, Shahgarh were transferred to Circle of Assistant Consolidation Officer, Baithauli and directed to complete the final consolidation record and ensure publication of village u/s 52 of this Act.

The Counsel for the petitioners submits that in village Mirjapur, the demarcation and delivery of possession has been completed in 32 sectors and two sectors remained for demarcation of chak and delivery of possession. He submits that in the remaining two sectors, various chak holders have secured double plots allotted in their chaks and for correction of mistake a reference has been sent to Deputy Director of Consolidation. Accordingly, the Settlement Officer, Consolidation in order to help these persons have transferred the village Mirjapur from circle of Assistant Consolidation Officer, Mirjapur to circle of Assistant Consolidation Officer, Baithauli and the order is apparently a mala fide order and was not passed in the exigency of any work. He submits that u/s 42(2) of U.P. Consolidation of Holdings Act the District Deputy Director of Consolidation is authorized to demarcate the circles and assign Consolidation Lekhpals, Consolidators and other authorities. The order has been passed by Settlement Officer Consolidation, who had no authority to transfer or attach the village or circle to other circles.

The Standing Counsel pointed out that by notification No. 1/2/76-RUP-A dated 4.9.1996 the Settlement Officer Consolidation was authorized to take appropriate action against all the authorities which are below in rank to him and he has been authorized to transfer and appoint the one employee to other place, within his territorial jurisdiction. He submits that once the Deputy Director of Consolidation has demarcated a circle, then every powers relating to transfer and posting can be exercised by Settlement Officer Consolidation by virtue of notification dated 9.4.1996. Accordingly, the order passed by the Settlement Officer, Consolidation is within his jurisdiction. He submits that as demarcation as well as delivery of possession has been completed in 32 sectors out of 34 sectors and for remaining two sectors, since there was the reference before the Deputy Director of Consolidation, as such, the demarcation and delivery of possession was being delayed. In such circumstances, the entire staff within the circle of Asstt. Consolidation Officer, Mirjapur has become surplus. For remaining two sectors village Mirjapur has been transferred to circle Baithauli and both the offices situate at the same place. There is no mala-fide and purely an administrative order was passed due to the exigency of work, The writ petition is misconceived and is liable to be dismissed.

I have considered the arguments of the Counsel for the petitioners and examined the record. So far as the jurisdiction of Settlement Officer Consolidation is concerned, u/s 42(2) of the Act, District Deputy Director of Consolidation exercises with the power to demarcate the circle and to assign the Consolidation Lekhpal, Consolidators and other authorities to that circle. Thus once, the circle has been demarcated and posting has been made to the various authorities, then all the authorities are competent to exercise their powers under the law. The powers relating to the transfer and posting of Consolidation Lekhpals, Consolidators and other authorities below in rank to the Settlement Officer Consolidation are being exercised by Settlement Officer Consolidation by virtue of Government Order dated 9.4.1996.. Accordingly, the Settlement Officer Consolidation is fully competent to transfer one village to another circle and order dated 14.10.2013 transferring the Consolidation Lekhpal of village Mirjapur from circle of Asstt. Consolidation Officer Mirjapur to circle of Asstt. Consolidation Officer, Baithauli cannot be said to be without jurisdiction. Similarly the order of assigning village Mirjapur to the circle of Asstt. Consolidation Officer, Baithauli can also not said to be without jurisdiction.

So far as the argument relating to mala fide is concerned, there is no direct allegation in this respect. So far as, the matter relating to double entry, reference has already been submitted by authorities and the matter is pending before the Deputy Director of Consolidation. No question arises that newly transferred staff can help them in any manner. The writ petition is misconceived and is dismissed.