Sabhajeet Yadav, J. - (1.) By this petition, the petitioner has challenged the order dated 8.9.2009 passed by Deputy Director of Consolidation, Banda in Revision No.2 Jaswant Singh v. Shanti Devi and others and Revision No.18 Rambabu Singh v. Shanti Devi and others.
(2.) It appears that against the order of Consolidation Officer dated 23.3.2005 the respondents Jaswant Singh and Rambabu Singh have preferred appeal, which was dismissed by Settlement Officer of Consolidation. Thereafter they preferred aforesaid revisions before Deputy Director of Consolidation, Banda. Vide order dated 23.3.2005 on demand made by Jaswant Singh S/o Raj Bahadur his original plot no.1489/2 area .246 hectare was excluded from the consolidation operation, as it was marked as not useful to be included in chak. The aforesaid order has been affirmed by the Deputy Director of Consolidation vide impugned order by setting aside the judgement and order passed by Settlement Officer of Consolidation. But the grievance of the petitioner is that while passing the order dated 23.3.2005 neither the Consolidation Officer nor while upholding the said order the Deputy Director of Consolidation in the impugned order dated 8.9.2009 has taken care of allottees of plots no.1489/2 area .246 hectare and did not deal her case and did not make any adjustment in respect of the changes made in the consolidation scheme. Learned counsel for the petitioner has submitted that on account of exclusion from the plot no.1489/2 area .246 hectare from the consolidation proceeding or from the chak, the chak of petitioner has been reduced, as the aforesaid plot was included in the chak of respondents by the consolidation authorities, therefore, she ought to have been compensated somewhere else to the extent of the reduction of area of her chak on account of exclusion of aforesaid area of plot no.1489/2.
(3.) The submission of learned counsel for the petitioner appears to be correct and has to be accepted. Accordingly, the order dated 23.3.2005 passed by Consolidation officer and order dated 8.9.2009 passed by Deputy Director of Consolidation stand modified with further addition that after exclusion of the aforesaid plot no.1489/2 area .246 hectare from the chak of the petitioner she shall be given chak to the extent of aforesaid valuation either on the place of her existing chak by making necessary adjustment and modification in other chak holders or somewhere else in Bachat land. Therefore, the order dated 23.3.2005 passed by Consolidation Officer and order dated 8.9.2009 passed by Deputy Director of Consolidation stand modified to that extent only. However, it is needless to say that the rest of the order in connection of exclusion of the aforesaid plot no.1489/2 area .246 hectare by Consolidation Officer and upheld by the Deputy Director of Consolidation shall remain intact and do not call for any interference.;