Hon’ble Pankaj Mithal, J.—Heard Sri Dhruva Agarwal, Senior Counsel assisted by Sri Nikhil Agarwal, learned counsel for the petitioner and learned Standing Counsel appearing for respondent Nos. 1 to 4.

2. The counter-affidavit filed on behalf of the State has been perused.

3. No counter-affidavit has been filed by the Gaon Sabha, respondent Nos. 5 despite sufficient time granted earlier for the purpose.

4. The Court vide order dated 7.4.2015 had directed the Gaon Sabha six weeks’ further time and no more but even then no counter-affidavit was filed on behalf of respondent No. 5.

5. In view of the above, the petition is being decided on the basis of the pleadings on record i.e. the counter-affidavit filed on behalf of respondent Nos. 1 to 4.

6. It is alleged that sometime in 1936 Smt. Durga Devi, the successor of erstwhile Zamindar Radhika Prasad Jauhari gifted 100 bighas of land situate in village Osa, Pargana Karari, Tehsil Manjhanpur, district Kaushambi in favour of one Shyam Das Agrawal by a registered gift deed. The said Shyam Das Agrawal some time in 1951 donated the said land to the petitioner. Some small portions of the said land were scattered. During the consolidation proceedings in the village the land of the petitioner was consolidated and finally, according to its valuation, one consolidated chak was allotted to the petitioner by the order of the Consolidation Officer passed in the year 1982. The said order became final and conclusive and was not challenged by any person. The consolidation proceedings in the village came to a close and a notification dated 18.11.1982 under Section 52 of the Consolidation of Holdings Act, 1953 (in short ‘Act’) was issued de-notifying the village from the consolidation operation.

7. On the basis of the aforesaid allotment of the chak the name of the petitioner was duly recorded in the revenue record. Sometime in the year proceedings under Section 33/39 of the U.P. Land Revenue Act, 1901 were initiated and an order was passed on 14.1.2010 for recording certain portion of the chak allotted to the petitioner in the name of Gaon Sabha. The said order was challenged by the petitioner by filing Writ petition No. 38874 of 2010 and the matter was sent back to Bhu-Rajaswa Adhikari/Sub-Divisional Magistrate with the direction that the objections of the petitioner be entertained and the matter be decided after considering the same. It is in pursuance thereto that the impugned order dated 23.3.2011 has been passed by the Up-Ziladhikari, Manjhanpur for expunging the name of the petitioner in respect of certain portion of the said land as detailed in the order and recording the same as Banzar land of the Gaon Sabha. The aforesaid order has been affirmed in revision Court vide order dated 17.10.2011 passed by the Additional Commissioner (I), Allahabad and the revision thereto has been dismissed.

8. The above two orders have been impugned in this writ petition.

9. The argument of Sri Dhruva Agarwal, learned Senior Counsel is that once the consolidation proceedings in the village have come to an end and a notification under Section 52 of the Act has been issued, all proceedings in respect of the matter which had attained finality during the consolidation stand barred by Section 49 of the Act. Thus, the impugned order passed in exercise of powers under Section33/39 of the U.P. Land Revenue Act, 1901 and the consequential revisonal are without jurisdiction and a nullity.

10. Extending his argument, he submits that during the consolidation proceedings some land of the Gaon Sabha after due valuation and opportunity of hearing to the Gaon Sabha was included in the chak allotted to the petitioner. This is reflected by CH Form 45 on record. The Gaon Sabha failed to challenge the aforesaid order of allotment of chak passed in favour of the petitioner. It is now estopped under law from disputing the same and contending that Gaon Sabha land was illegally included in the chak of the petitioner or to alle