IMPORTANT POINT
Concealment of material facts in legal proceedings undermines judicial integrity, leading to dismissal of petitions.

JUDGMENT :

Jaspreet Singh, J.

1. Heard Shri Rahul Roshan Dubey, the learned counsel for the petitioners, Dr. Krishna Kumar Singh, learned Standing Counsel for the State and Shri Mohan Singh, learned counsel appearing for the Gaon Sabha.

2. Shri Rahul Roshan Dubey, learned counsel for the petitioners has filed the rejoinder-affidavit which is taken on record.

3. To put the matter in a prespective, certain facts giving rise to the instant petition are being noticed hereinafter.

4. Eight petitioners have approached this Court seeking the following relief's which reads as under:-

"Issue a writ order or direction in the nature of mandamus directing the opposite parties particularly opposite party no.1 to call for the record in respect of consolidation proceedings commenced during covid-19 pandemic year 2019-2020 of Gram Jamkhuri, Post Jamkhuri, Pargana Chanda, Tehsil Lambhuwa, District Sultanpur and initiate a proceedings under Section 48 of U.P. Consolidation and Holdings Act 1953 and decide after hearing the tenure holders and further be pleased to set aside the orders passed in under Section 9(ka) and section 20 and 42 of U.P. Consolidation of Holdings Act 1953 and CH-41 & CH-45 to meets the ends of justice annexed hereiwith as Annexure No.5 dated 09.08.2021."

5. The writ petition runs in 14 paragraphs. However, paragraphs 4 to 12 are being reproduced hereinafter for better appreciation of the contention as well as the response of the respective parties.

4. That by means of the present writ petition the petitioner is challenging the entire consolidation proceedings commenced in the year 2019-20 in village Jamkhuri, Pargana-Chanda, Tehsil Lambhuwa, District Sultanpur in which several irregularities have been committed and further no action has been taken by the opp. party no.-1 & w upon several representation made by the petitioners.

5. That in the mid of corona (covid-19) in year 2020 without given any notice to any villagers the authorities passed Dhara 9, Dhara-20, Dhara-21 and Dhara-42 opp. party no.4 has passed the order ex parte which is illegal and arbitrary because that time Hon'ble Supreme Court has passed the interim order in whole country which was extended till 2021. The copy of order of Hon'ble Apex Court is being annexed herewith as Annexure No.2 to this writ petition.

6. That the brief facts of the case is that during the Covid-19 pandemic in village Jamkhuri, Pargana-Chanda Tehsil Lambhuwa, District-Sultanpur consolidation proceedings have been commenced and during consolidation proceedings several irregularities have been made in which orders under Section 9(ka) and Section 20 and 42 of U.P. consolidation of Holdings Act 1953 without giving any notice/information to the concern tenure holder and without giving opportunity to lead evidence CH-41 and CH-45 has been finalized some of the irregularities have been mentioned as below:-

a- In CH-41 and CH-45 the consolidation officer has rejected the entire area and chaks and there are several irregularities in chaks are has been mentioned wrongly and even parentage of tenure holders have been wrongly mentioned and there is no number mentioned in final map.

b. Chak No.643 in CH-23 has been recorded in favour of Ram Nayan in which old gate No.1170 has been left for Panchayat Bhawan but in order to grab that land nail and chak marg has been proposed while there is a chak marg existed.

c. Gata No.22/18. 2/4 and 2/8 was recorded as Naveen Parti but while making CH-41 and 45 without informing to the tenure holders that has been rejected and old gata no.2/2 area 0.632, 2/4 are 0.0063, 2/6 area 0.063, 2/16 area 0.151, 2/20 area 0.262, 63/2 area 0.358 and 23 mi area 0.208 from the tenure holders has been recorded as Naveen parti without even notice to the tenure holders.

d. In CH-11, recorded khata no.51 gata no.-63 Mi, 67, 69, 1031 has been rejected from the khata and recorded as Naveen parti and in gata no.63 name of Jai Narayan son of Chandrika and in gata no.67 Rajendra son of Krishna Ch