Petition seeks writ to enforce an order dated 02.12.1997 directing correction of forged revenue entries transferring Gaon Sabha land to private persons Petition filed as 'Listed for Fresh Hearing' to seek instructions from Standing Counsel on reasons for inaction by authorities.
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Court No. - 3 Case :- WRIT - C No. - 3824 of 2024 Petitioner :- Mohd. Saif And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Civil Secrt. Lko. And Others Counsel for Petitioner :- J.P. Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioners and learned Standing Counsel appearing on behalf of the State Respondents.
This petition has been filed with the following main prayer:-
"I. a writ, order or direction in the nature of mandamus commanding the opposite party opposite party no.3 to to ensure the compliance of the order dated 02.12.1997, passed by this Hon'ble Court in writ petition No.3126 (M/B) of 1997 titled as Mohd. Saif and others vs. Consolidation Commissioner and others contained as annexure no.1 to this writ petition."
It is the case of the petitioner that on the basis of forged and fabricated entries in the revenue record made by the Chakbandi Lekhpal in Plot Nos.2435, 2435/2, 2436, 3208/2, 3208/3 and several other plots which had earlier been recorded as property of Gaon Sabha were shown as allotted to be to some private persons. These forged entries prepared by the Chakbandi Lekhpal at the final stage of the Consolidation came to the knowledge of the villagers and a complaint was made on 02.12.1993 and also on 09.03.1994 to the Authorities, however such forged entries continued to exist on C.H.-41 and C.H.-45. The land of Gram Sabha was continued to be shown in the name of private persons in their khatas.
A complaint was made to the Settlement Officer Consolidation and thereafter to the Deputy Director of Consolidation Sultanpur, who called for a report and after enquiry allegations of the villagers were found true. Several employees of the Consolidation Establishment were also given punishment after initiation of disciplinary
proceedings. No steps however were taken for correction of forged entries and the petitioner filed the Writ Petition No.3126 (M/B) of 1997: Mohd. Saif and others Vs. Consolidation Commissioner and others , before this Court. This Court, however, did not find any good ground to order a general enquiry into the matter relating to preparation of final record. The Court observed that the Departmental Authorities have already enquired into the matter. Other chak holders who have been wronged have right to file Appeal or Revision against such entries. However, if such entries have been made with the collusion of the Consolidation employees, then the Consolidation Officer may direct for their correction. However, such order has not been complied with till date.
Learned counsel for the petitioner says that the order is of the year 1997 and despite several representation being moved to the Authorities to correct the entries and to take back the land of the Gaon Sabha from private persons, no steps have been taken in the matter and, therefore, this petition has been filed.
Learned Standing Counsel shall seek instructions as to why even after discovery of forged entries, as alleged by the petitioner in this petition, no steps have been taken by the Consolidation Authorities for correcting the revenue records and restore the land belonging to the Gram Sabha to it.
List this case on 10.05.2024 as fresh.
Order Date :- 27.4.2024 Rahul
Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Why no steps have been taken by Consolidation Authorities to correct revenue records with forged entries and restore land belonging to the Gram Sabha after discovery.
Whether the previous order dated 02.12.1997 ensuring compliance has been implemented despite repeated representations.
Mohd. Saif And Others
State Of U.P. Thru. Prin. Secy. Revenue Civil Secrt. Lko. And Others
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
3 orders share this CNR
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