SWAROOP (DIED) THROUGH JAI CHAND (L.RS) ETC Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS
LAWS(ALL)-2004-11-321
HIGH COURT OF ALLAHABAD
Decided on November 05,2004

Swaroop (Died) Through Jai Chand (L.Rs) Etc Appellant
VERSUS
Deputy Director of Consolidation and others Respondents

JUDGEMENT

S.K. Singh, J. - (1.) These are five connected writ petitions arising out of allotment of chak proceedings under section 20 of UPCH Act. All the writ petitions are against same judgment of the Deputy Director of Consolidation, Ghaziabad dated 26.11.1982.
(2.) Sri U.K. Saxena appeared in all the writ petition as Counsel for petitioner and Sri B.D. Mandhyan, learned Senior Advocate appeared in all cases in opposition thereof. In one petition which is on behalf of Ram Phal, Sri Mandhyan appears for petitioner Ram Phal, is respondent in all other four writ petitions. Ground of attack in all four cases to the judgment of Deputy Director of Consolidation is one and the same and therefore, instead of mentioning the arguments separately in all the writ petitions, they are to be summarised.
(3.) Submission of learned Counsel for the petitioner is that in comparison to the contesting respondent, all the petitioners are small tenure holders and they all were satisfied by the adjustment as was made up to the stage of Settlement Officer Consolidation, but for Horam, petitioner of writ petition No. 15087 of 1982. Submission is that the petitioners being small tenure holders have been deprived of the land which they possessed near abadi. In respect to writ petitioner Swaroop and Horam, plot Nos. 351 and 352 respectively were their original plots near abadi which was in their chak, has been taken away by the Deputy Director of Consolidation. Similarly, in respect to petitioner Bhim Singh, it is said that plot No. 502 is his original holding having area of one bigha, but against that small holding, he has been given two chaks. The Consolidation Officer and the Settlement Officer Consolidation by accepting their claim made partial modification by which, although, their chak was uran but they were satisfied as the land was of slightly good quality but in the revision filed by respondent No. 4 Ram Phal, they have been given bad quality of land which is uneven. Submission is that the Deputy Director of Consolidation has mixed the claim/facts of several chak holders and without assigning any cogent reason has affected them which has caused serious prejudice to the petitioners' interest.;


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