FATEH CHAND CHATURVEDI AND ANOTHER Vs. JOINT DIRECTOR OF CONSOLIDATION AND OTHERS
LAWS(ALL)-2006-11-322
HIGH COURT OF ALLAHABAD
Decided on November 23,2006

Fateh Chand Chaturvedi And Another Appellant
VERSUS
Joint Director of Consolidation and others Respondents

JUDGEMENT

S.U.Khan, J. - (1.) This writ petition arises out of consolidation proceedings. Matter relates to allotment of Chak. Hanuman Prasad respondent No. 2 was allotted Chak No. 1269. The judgment of Joint Director of Consolidation (JDC) Allahabad dated 8.1.1981, which has been challenged through this writ petition was passed in two revisions being revision No. 538 and 560. First revision was filed by Hanuman Prasad and the other by Uma Shanker against Hanuman Prasad. Uma Shanker is not party in this writ petition. Uma Shanker was allotted Chak No. 122. The plot, which is mainly in dispute is plot No. 2359.
(2.) The grievance of Hanuman Prasad was that he had been given excess valuation (land) in the plots which were near the river (nadihar) and he had been given less Valuation (land) in ordinary land (bangar) even though prior to start of consolidation ⅔ of his land was of ordinary quality i.e. Bangar.
(3.) In respect of Hanuman Prasad JDC held that before start of consolidation the valuation of his land in nadihar was 42.8 aana and of banger 46.92 aana and SOC had given him about 7 aana valuation land in excess in nadihar JDC further held that Munshi Lal, father of petitioner whose Chak number was 666 had land of valuation of 33.20 aana in nadihar prior to start of consolidation while he and his other co-sharers were allotted 20.17 aana valuation land in nadihar. JDC opined that Munshi Lal should be given land in nadihar in the same ratio as he had prior to start of consolidation. Accordingly, JDC cancelled the Chak of Munshi Lal over plot No. 1528 and adjusted the said portion towards western side of plot No. 1269 to northsouth. Munshi Lal had contended that his co sharers had been given land in nadihar. JDC also observed the argument of counsel for respondent No. 2 Hanuman Prasad that plot No. 2453 and 2454 were of banger quality of land and not of nadihar as held by SOC.;


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