Sabhajeet Yadav, J. - (1.) Heard learned counsel for the petitioner.
(2.) It appears that Dy. Director of Consolidation, Ghazipur in revision filed by respondent no.2 has allotted his chak upon his original holding over the plot no. 985 of 7.87 valuation, as a result of which the petitioner has been given third chak as udan chak over plot no. 843. The petitioner has already two chaks, one at plot no. 1084 and another at plot no. 1107. It is submitted by learned counsel for the petitioner that on account of said adjustment made by Dy. Director of Consolidation his ingress and egress from plot no. 984, which is abadi land of the petitioner would be blocked. He has further submitted that although at initial stage of consolidation proceeding, the plot no. 985 belonging to the respondent no.2 was given to the petitioner by way of compromise at A.C.O. level and his original plot nos. 1107 and 1108 were allotted to the respondent no.2. But at subsequent stage of consolidation proceedings on some objections made against aforesaid allotment of respondent no.2, the plots of petitioner, which were given to the respondent no.2 by way of mutual understanding at A.C.O. level have been included in the chak of petitioner. Feeling aggrieved against the aforesaid adjustment the respondent has filed appeal but his appeal was dismissed, however, in revision he has succeeded.
(3.) In this view of the matter, in the wake of aforesaid facts and circumstances of the case, I do not find any illegality in the allotment made by Dy. Director of Consolidation so far as it pertains to the allotment of plot no. 985 to the respondent no.2, which was his original holding but so far as the grievances of the petitioner in respect of his third udan chak on plot no. 843 is concerned, since the petitioner has already holding two chaks, one at plot no. 1084 and another on plot nos. 1107 and 1108, therefore, the petitioner's third udan chak which was of smaller area of 0.83 aire could have been adjusted by Dy. Director of Consolidation in his two earlier existing chaks without allotting third chak to the petitioner of such smaller area, which can not be possibly cultivated by the petitioner. Therefore, Dy. Director of Consolidation is directed to consider the aforesaid grievances of the petitioner including ingress and egress of the petitioner from his abadi plot no. 984. In case any application/restoration application is moved by the petitioner before Dy. Director of Consolidation within a period of one month from today, the same shall be decided by Dy. Director of Consolidation within another period of two months after hearing the parties likely to be affected by the order to be passed by him on such application/restoration application to be moved by the petitioner.;