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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