Ram Surat Ram (Maurya), J. - (1.) HEARD Shri S.K. Tyagi, learned Counsel for the petitioner and Shri Hari Om Khare, learned Counsel for the contesting respondents. The writ petition has been filed against the order of Deputy Director of Consolidation dated 21.2.2007 passed in Chak allotment proceeding.
(2.) THE grievance of the petitioner was in respect of decreasing the valuation of Plot Nos. 2753, 2754, 2755, 2756, 2820, 2821 and 2822. While preparing the statement of principle valuation of the aforesaid plots were determined @ 60 paisa. Notification under section 9 of the Village was made on 5.1.1987. However, no objection within time was filed for increasing the valuation of the aforesaid plots. The petitioner filed a time barred objection on 6.10.2003 for enhancement of the valuation of the aforesaid plots from 60 paise to 70 paise. The Consolidation Officer called for a report and the Consolidator submitted his report dated 3.1.2004 mentioning therein that the aforesaid plots i.e. Plot No. 2751, 2750, 2765, 2764, 2759, 2760 and 2789 were valued @ 60 paisa. While Plot No. 2822 was valued @ 70 paisa, 2810 was valued @ 50 paisa. Thus apart from Plot No. 2810 and 2822, all the other surroundings plots were valued @ 60 paisa. Thereafter the Consolidation Officer by two separate orders dated 3.3.2005 found that the land in dispute was situate at high level than other surroundings plots as such the valuation determined of the land in dispute @ the surrounding plots which were the land of low level, was not proper, accordingly he enhanced the valuation of Plot Nos. 2753, 2754, 2755, 2756, 2757 & 2783 @ 70 paise and similarly by a separate order valuation of Plot No. 2753, 2754, 1754, 2755, 2756 and 2757 and 2753 were determined @ 70 paisa. There were the several chaks revision before the Deputy Director of Consolidation. While deciding the chak revisions, valuation of the aforesaid plots @ 70 paisa was challenged. The Deputy Director of Consolidation by the impugned order dated 21.2.2007, found that the surrounding plots were valued @ 60 paisa and there was no basis for the Consolidation Officer to increase the valuation of the aforesaid plots and @ 70 paisa. Accordingly, the valuation of the aforesaid plots were again reduced @ 60 paisa. Hence, this writ petition has been filed.
(3.) I have considered the arguments of the learned Counsel for the parties and examined the record.;