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Judgment
Sanjaya Kumar Mishra, J
By filing of this writ petition, the petitioner has prayed for following relief:
“(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondent no.2 to regularize the land Khasra no. 101/8 situated in Mauja Rahmatpur Ahatmal, Tehsil Roorkee, District Haridwar in favour of petitioner in view of Government Order no.958/XVIII(II)/2020-07(46)/2008 dated 02.11.2020 and Government Order no.1553/XVIII(II)/2021-07(46)/2008 dated 16.11.2021 (Annexure Nos. 3 & 6 to this writ petition), expeditiously within the stipulated period fixed by this Hon’ble Court.
(ii) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.
(iii) Cost of the petition be awarded in favour of the petitioner.”
It is borne out from the record that the father of the petitioner was cultivating the land bearing Khasra No. 101/8 since 1366 Fasli which was recorded as Varg 4/government land. While he was in possession of the aforesaid government land, the consolidation proceedings was initiated on 02.11.2020. The respondent no.1 issued a Government Order bearing No. 958/XVIII(II)/2020-07(46)/2008 thereby directing the revenue authorities for regularization of Varg 4 land in possession of different persons. The petitioner applied for regularization of the aforesaid land in his favour before the respondent no.2. The respondent no.2 orally apprised the petitioner that an exparte order is operating against the father (deceased) of the petitioner since 13.12.1975 under the proceedings of under Section 122B of U.P. Zamindari Abolition and Land Reforms Act, 1950. The petitioner thereafter preferred the proceedings for cancellation of the aforesaid order, as it was passed against a dead person on the ground that his father died on 02.03.1971. The said application was registered as Revision No. 01 of 2021-2022 and was disposed of 13.12.1975 by the learned Additional Collector, Finance and Revenue, Haridwar. The matter was remitted back to the lower Court for taking further action. It is appropriate to take the extract operating portion of the order passed by the learned Additional Collector, Finance and Revenue, Haridwar, which reads as under:
It is now submitted by the learned Deputy Advocate General for the State that since the area is under consolidation operation, the regular revenue authorities cannot take decision and only the Consolidation Authorities are entitled to take any decision.
In that view of the matter, the writ of mandamus cannot be issued to respondent no. 2 to regularize the land, in question, in favour of the petitioner. However, since the Consolidation Officer is in seisin of the matter, the petitioner is at liberty to file appropriate application annexing therewith a copy of this order as well as the copy of the brief and make a prayer for disposal of his application, in accordance with law and by complying with the order passed by the learned Additional Collector Finance and Revenue, Haridwar. Such an application shall be considered and decided by the Consolidation Officer, after affording reasonable opportunity of hearing to the petitioner and to any other person, who may be interested in the said land and also after making a spot verification or local inspection, within a period of three months from the date of production of certified copy of this order.
Accordingly, the writ petition disposed of.