Consodaltion
Court No. - 6
Case :- WRIT - B No. - 14020 of 2016
Petitioner :- Anwar Ali And 2 Others
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Satya Prakash Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
By means of this writ petition the petitioners have raised a grievance that
pursuant to a sale deed executed in their favour on 21.8.1989 and
subsequent sale deeds, the petitioners applied for mutation in the
revenue records under Section 12 of the Uttar Pradesh Consolidation of
Holdings Act, 1953. Since Section 4 notification under the Act, 1953 was
issued in the year 1981 by order dated 31.1.1992 and by subsequent
orders the name of the petitioners has been recorded in the revenue
records during the consolidation proceedings.
It is submitted that against the aforesaid orders neither any appeal nor
any revision was filed and, therefore, these orders attained finality. It is
further submitted that Section 6 (1) notification under the Act, 1953 has
now been issued in 2013 and by virtue of Section 6(2) of the Act, 1953
the mutation in respect of the petitioners upon the sale deeds attained
finality.
It is submitted that by the impugned order dated 15.1.2016 ignoring the
order passed by the consolidation authority under Section 12 in favour of
the petitioners with regard to mutation of their names in the revenue
records contrary order has been passed without any notice to the
petitioners.
Matter requires consideration.
Learned Standing Counsel represents respondent nos. 1 to 3.
Issue notice to the respondent no.4 for which steps be taken within a
week.
Respondents may file counter affidavit within one month.
List thereafter.
Till the next date of listing, parties shall maintain status quo with regard
to the entries made in the revenue records.
Order Date :- 30.3.2016-SB