JUDGMENT :

1. Heard Sri Pramod Kumar Dwivedi, learned counsel for the petitioner, learned standing counsel for the State and Mr. Sunil Kumar for the caveator although there is no private party in the writ petition.

2. Learned counsel for the petitioner is permitted to correct the array of party in respect of respondent no.3 during course of the day.

3. With the consent of the parties the writ petition is being heard and decided finally at the admission stage.

4. The instant writ petition has been filed by the petitioner for following reliefs:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.3 and 4 to make an entry and correct the recent revenue record in respect of order dated 25.08.1977 in Case No.5939 and order dated 31.05.1977 in Case No.5699 passed by the learned Assistant Consolidation officer, Oran (Majhivansi) District-Banda under the provisions of the Section 6 (2) of the U.P.consolidation Act and may also be directed to issue the copy of fresh Khatauni of the Gata No. 5809, 2225/1 & 2224/1 of Village-Oran to the petitioner.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to consider and decide the representation dated 03.02.2022 submitted by petitioner before the District Magistrate, Banda.

(iii) Issue any writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(iv) Award the cost of the Writ Petition."

5. Brief facts of the case are that village-Oran, Tehsail, Pargana-Atarra, District-Banda came under operation of U.P. Consolidation of Holdings Act through notification dated 05.05.1972 under Section-4 of U.P. Consolidation of Holdings Act. Assistant Consolidation Officer Banda passed an order dated 25.08.1977 in Case No.5939 with respect to plot No.5809 area 13-1/3 Bigha -8 Biswa for recording the name of petitioner's father Bhagwati Prasad on the basis of Sale-deed. Assistant Consolidation Officer passed an order dated 31.05.1977 in Case No. 5699 with respect to Plot No.2225/1 area 15 Biswa, 2224/1 area 2 Biswa for recording the name of petitioner's father Bhagwati Prasad along with others. Copy of orders dated 25.08.1977 and 31.05.1977 have been annexed as Annexure Nos. 2 and 3 to the writ petition. In para No.7 of the writ petition it has been stated that order dated 25.08.1977 passed in Case No.5939 and order dated 31.05.1977 passed in Case No.5699 have not been challenged in any court by any party and the orders have become final. Notification under Section 6 (1) of U.P.C.H. Act in respect to village in question took place on 07.06.2016 by which notification under Section 4 of the U.P. C.H. Act, issued/published on 5.5.1972 was cancelled. Copy of notification dated 7.6.2016 has been annexed as Annexure No.1 to the Writ Petition. A government order dated 12.12.2014 has been issued by respondent no.2 to the effect that orders which have attained finality before notification under Section 6(1) took place, the same must be recorded/implemented in the revenue records. Copy of government order dated 12.12.2014 has been annexed as Annexure No.7 to the Writ Petition. Petitioner made efforts even submitted an application/representation before respondent no.3 for the implementation of the orders and recording the name of petitioner in the revenue records in compliance of the orders which have attained finality before notification under Section 6(1) of the U.P. C.H. Act took place but authorities are sitting tight over the matter, hence this writ petition on behalf of the petitioner.

6. Petitioner submitted that in view of the publication of notification under Section 6 (1) of U.P.C.H. the final order passed in favour of petitioner be incorporated/implemented in the revenue records as provided under Section 6 (2) of the U.P.C.H. Act. For the ready reference Section 6 of U.P.C.H. Act is as follows:

"6. Cancellation of notification under Section 4 -(1) It shall be lawful for the