NANHI Vs. DEPUTY DIRECTOR OF CONSOLIDATION
LAWS(ALL)-2019-7-375
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on July 11,2019

Nanhi Appellant
VERSUS
DEPUTY DIRECTOR OF CONSOLIDATION Respondents




JUDGEMENT

SALIL KUMAR RAI,J. - (1.)Heard Sri Ayub Khan, the counsel for the petitioner.
(2.)The present writ petition has been filed against the orders dated 22.3.2018 and 27.5.2019 passed by the Deputy Director of Consolidation whereby the Deputy Director of Consolidation has amended the allotment of chaks made till the stage of Settlement Officer of Consolidation and has rejected the recall/restoration application filed by the petitioner.
(3.)It is apparent from the records that the petitioner and other persons who, it is alleged in the memorandum of revision were land mafias and influential persons in the village, had been allotted Uddan chaks on the original holdings of other tenure holders situated adjacent to road/by-pass till the stage of Settlement Officer of Consolidation. Through his order dated 22.3.2018, the Deputy Director of Consolidation has only restored the chaks adjacent to roads to their original tenure holders and consequently amended the chaks allotted to the petitioner and other tenure holders who were allotted Uddan chaks adjacent to road. It is apparent from the records that the till the stage of Settlement Officer of Consolidation, the tenure holders even though allotted chaks on their original holdings adjacent to by-pass roads were not allotted the same in proportion to their share in the said holdings. No illegality was committed by the Deputy Director of Consolidation in rectifying the allotment of chaks as made till the stage of the Settlement Officer of Consolidation. There is no illegality in the order dated 22.3.2018 in as much as the said order is according to law in view of the judgment of this Court reported in Jaswant Singh Vs. Deputy Director of Consolidation, Banda & Ors. (2006) 101 RD 207 and Parsadi & Anr. Vs. Deputy Director of Consolidation, Lucknow & Ors. (2014) 124 RD 496 wherein it has been held that lands adjacent to road shall not be disturbed and they shall be left in possession of the original holders.


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