S.K. Singh, J. - (1.) By means of this writ petition, challenge is the judgment of Joint Director, Consolidation dated 9.4.2002. As by the impugned judgment, two revisions i.e. filed by Babu and Sukkhe were decided by consolidating them, two writ petitions having come against tire impugned judgment i.e. one by Sher Singh who is affected by allowing revision of Babu and other writ petition by heirs of Sukkhe who are also affected by aforesaid impugned judgment, both are being consolidated and are being decided by this judgment.
(2.) There appears to be no much controversy in respect to factual aspects and therefore by summarizing the facts and mentioning them in brief, which are required for the purposes of disposal of these petitions, the matter is being disposed of.
(3.) The petitioner- Sher Singh claims that boring which belongs to him is situated on plot No. 76 in the extreme right of eastern side whereas the boring of the opposite party-Babu is situated in the northern side at the top in the same plot and therefore, allotment of portion of plot No. 76 over which petitioner's tube-well is situated which remained in his chak upto the stage of Settlement Officer Consolidation cannot be justified. Submission is that by adjustment made by the Deputy Director of Consolidation as an area of 500 acre of plot No. 76 was taken away from petitioner's chak alongwith tube-well which is the private source of irrigation and that went in the chak of opposite party, which on the facts cannot be justified.;