JUDGEMENT
Janardan Sahai, J. -
(1.) This writ petition relates to allotment of chaks. The petitioner was allotted two chaks one of which was on plot No. 377. It appears that some objections under section 20 of the Consolidation of Holdings Act were filed and the Consolidation Officer passed an order dated 29.4.1995 but by that order the petitioner was not aggrieved. Against the order of the Consolidation Officer, several appeals, including one by respondents 2 and 3 were filed before the Settlement Officer, Consolidation, who allowed some of the appeals and certain modifications were made but the petitioner did not feel aggrieved by the order. Against the order of the Settlement Officer, Consolidation, revisions were filed by respondents 2 and 3. Their demand was that they may be allotted chaks near the chak of their father and plot No. 814 may be taken out from their chaks and instead they may be allotted a chak on plot No. 385. It appears that the Dy. Director of Consolidation by his order dated 4.1.2001 has partly allowed the revisions. The petitioner's case is that he had made certain improvements upon his chaks and planted trees and set up a pumping set and the loss that would be occasioned to the petitioner has not been considered by the Dy. Director of Consolidation. It was submitted by the petitioner's Counsel that the demand of the respondents no doubt was to give them a chak near the chak of their father but their specific demand was for allotment of a chak on plot No. 385 and no demand was made in respect of any plot of the petitioner. There is a dispute on the point whether any improvements have been made by the petitioner. The Dy. Director of Consolidation has not considered the loss which would be occasioned to the petitioner by the modification made. For this reason, it is appropriate the matter be sent to him for fresh decision. In the result the writ petition is allowed. The order of the Dy. Director of Consolidation dated 4.1.2001 is quashed. He may make spot inspection of the respective chaks and pass fresh orders after considering the contention of the parties.
Petition Allowed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.