BACHAIE Vs. D.D.C.
LAWS(ALL)-2014-4-225
HIGH COURT OF ALLAHABAD
Decided on April 22,2014

Bachaie Appellant
VERSUS
D.D.C. Respondents

JUDGEMENT

Anjani Kumar Mishra, J. - (1.) HEARD Shri S.C. Tripathi, learned Counsel for the petitioner and Shri S.S. Chauhan who appears for the respondents. The writ petition has been filed praying for a writ of prohibition prohibiting respondent No. 1 the Deputy Director of Consolidation, Jaunpur from entertaining the proceedings initiated by respondent No. 4 bearing Misc. Case Nos. 5 and 6 of 2014.
(2.) LEARNED Counsel for the petitioner submits that: 1. The reliefs sought have been prayed for, on the ground that the Misc. applications filed by the petitioners, prayed for a reference being made for shifting the chaks of the applicant Lal Ji from plot No. 166 to plot No. 162 while the other application seeks a reference extending the chak road No. 162 to the Lohar Basti. 2. This reference proceedings have been sought not for implementation of any order passed but in fact to disturb the allotment made by the Deputy Director of Consolidation by his order dated 27.11.2012 which has become final. The above noted applications are not maintainable and entertaining the same would amount to reviewing an earlier order passed by the Deputy Director of Consolidation himself which power the said authority does not possess.
(3.) ON the applications filed, reports were called for, from the Assistant Consolidation Officer. The Assistant Consolidation Officer prepared a report including an adjustment chart, disturbing the petitioners chak and, this report has been sent directly to the Deputy Director of Consolidation when in fact it should have been forwarded to the Consolidation Officer who was required to forward it to the Settlement Officer, Consolidation who alone has jurisdiction to forward the same to the Deputy Director of Consolidation and the fact that this established procedure has been given a go by exhibits the mala fide intention of the Consolidation Authorities.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.