- (1.) S. K. Singh, J. Heard Sri Tripathi B. C. Bhai, learned Advocate who appeared for the petitioner and Sri Sabhapati Tiwari, learned Advocate who appeared for the respondent.
(2.) CHALLENGE is to the orders passed by the Deputy Director of Consolidation by which revision filed by the respondent was allowed and necessary changes in the chak of the parties has been made. Proceedings are under section 20 of U. P. C. H. Act which relates to the allotment of plots in the chak of the parties. There cannot be any dispute about the fact that in these proceedings both parties can never be satisfied as on acceptance of claim of one side that is to cause discomfort to other, and therefore, this Court is to see that whether the last Court while adjusting the chak of the parties has considered the matter in accordance with law and whether there is any violation of section 19 of the U. P. C. H. Act. Submission of learned Counsel for the petitioner is that in plot No. 857 petitioner has his well which has been taken away by the Deputy Director of Consolidation by making wrong observation, although appellate authority by making correct observation allotted that plot in the chak of the petitioner. Plot No. 856 was to be given in the chak of the respondent or there may be other consideration but so far plot No. 857 is concerned private source of irrigation being there, amendment in the chak will be clearly against the mandate of section 19 of U. P. C. H. Act. Submission is that finding that well which is in plot No. 856 belongs to Gulabi Devi is factually incorrect and is against the record and therefore, matter needs fresh attention.
(3.) SRI Tiwari, learned Advocate to oppose the aforesaid, submits that Deputy Director of Consolidation after making spot inspection gave a finding that well which is in plot No. 857 belongs to Gulabi Devi and therefore, that finding is to be accepted and if that is accepted then no fault can be found in the adjustment made by the Deputy Director of Consolidation. In view of the aforesaid, this Court has examined the matter.;