MST. DHANIA Vs. ASSISTANT REGIONAL DEPUTY DIRECTOR OF CONSOLIDATION, VARANASI AND OTHERS
LAWS(ALL)-2007-8-325
HIGH COURT OF ALLAHABAD
Decided on August 01,2007

Mst. Dhania Appellant
VERSUS
Assistant Regional Deputy Director Of Consolidation, Varanasi And Others Respondents

JUDGEMENT

S.K. Singh, J. - (1.) Heard Sri. Namwar Singh in support of this petition and Sankatha Rai, learned advocate who appeared for the respondents.
(2.) Challenge in this petition is the judgment of the Deputy Director of Consolidation and the appellate authority by which chak given to the petitioner has been varied.
(3.) Submission of learned Counsel for the petitioner is that petitioner is a small tenure holder having only 86 decimal land. The Consolidation Officer gave an area of 50 decimal and in view of change as has been made by appellate authority, petitioner was given an area of 55 decimal and thus, there was reduction of more 25% which is beyond permissible limit and thus, the Deputy Director of Consolidation who allowed the revision, initially making required changes, illegally withdrew his order on the move of respondents and thus, on fresh hearing, illegally dismissed the revision without considering this aspect, on account of which petitioner has suffered serious prejudice. Averments in this respect are contained in para 22 of the writ petition. Submission is that on this ground alone, petitioner is entitled to get relief.;


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