Court No. - 5 Case :- WRIT - B No. - 3947 of 2010 Petitioner :- Mangal & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Mahendra Nath Pandey Respondent Counsel :- C.S.C. Hon'ble Sabhajeet Yadav,J.
Heard learned counsel for the petitioners.
Learned counsel for the petitioners is permitted to implead Sri
Ram Nath as respondent no.5 and Village Consolidation
Committee through Gram Pradhan as respondent no.6.
The submission of learned counsel for the petitioners is that there
exist manure pits in the plot no.92 and 94 and common pathway
for ingress and egress of petitioners and other villagers but the
aforesaid pathway and manure pits have been allotted in the chak
of the respondent no.5, as a consequence of which their ingress
and egress has been blocked. It is also stated that through the
aforesaid plots there was a Nali for passing the rainy water of the
village. But on account of allotment of aforesaid plot in the chak of
respondent no.5 the petitioners and other villagers would face
water logging. The chak road given by the consolidation
authorities would not sufficiently meet the requirement of the
petitioners, as the petitioners would not be able to flow their rainy
water through the aforesaid chak road but the Consolidation
Officer and Deputy Director of Consolidation have failed to
consider this aspect of the matter, merely for the reason that the
Village Consolidation Committee did not submit proper proposal
before the consolidation authorities. As such the matter requires
serious consideration by this Court.
Notice on behalf of respondents no.1, 2, 3 and 4 has been accepted
by learned standing counsel.
Issue notice to the respondents no.5 and 6 returnable at an early
date.
Respondents are directed to file counter affidavit by the next date
of listing.
The Deputy Director of Consolidation, Mathura Camp, Mainpuri
is directed to file record and extract of C.H. Form No.2 A prepared
by the consolidation authorities at the time of field to field Partal
in respect of plots no.92 and 94 of Village Bitharua, Pargana-
Barnahal, Tehsil-Karhal, District-Mainpuri which was prepared u/s
8 of U.P.C.H. Act. He shall also file Bandobasti map and present
record of consolidation proceeding after allotment of chak
showing the aforesaid plots. He shall also produce the record
before the Court on the date fixed by appearing in person.
List on 18th February, 2010 as part heard.
On that day the Deputy Director of Consolidation, Mathura Camp,
Mainpuri shall appear in person along with the aforesaid original
records before this Court.
Office is directed to supply a copy of this order to Sri Amit
Kumar, learned standing counsel free of cost within 24 hours for
communication to District Magistrate, Mainpuri and Deputy
Director of Consolidation, Mathura Camp, Mainpuri.
Order Date :- 28.1.2010
SL