Court No. - 45
Case :- WRIT - B No. - 10770 of 1992 Petitioner :- Hari Lal Respondent :- Cro Counsel for Petitioner :- O.P. Misra,R.S. Misra Counsel for Respondent :- Vp Chaudhary,P.P. Chaudhary,Ramesh Chandra,S.C.
Hon'ble Salil Kumar Rai,J.
1. Heard Ms. Amita Mishra, Advocate, holding brief of Ms. Husna Bano, learned counsel for the petitioner and Shri P.P. Chaudhary, learned counsel for the respondents.
2. The present writ petition has been filed against the order dated 4.2.1992 passed by the Chief Revenue Officer, Basti, i.e., respondent No. 1 (hereinafter referred to as, 'C.R.O.') in Revision Nos. 70 and 80 registered under Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') against the order dated 31.1.1989 passed by the Assistant Settlement Officer of Consolidation, Basti (hereinafter referred to as, 'A.S.O.C.'). Through his impugned order dated 4.2.1992, the C.R.O. has altered the arrangement of chaks as made till the stage of S.O.C. on the ground that the arrangement of chaks as made by the S.O.C. did not comply with the principles enumerated in Section 19 of the Act, 1953 inasmuch as he did not follow the principles of rectangulation of chaks as provided in Section 19 of the Act, 1953. Through his order dated 31.1.1989 the S.O.C. had changed the valuation of the disputed chaks at the instance of the petitioner even though no objections against the valuation of the chaks as proposed by the Assistant Consolidation Officer and in the statement of principles were filed before the C.O. In his impugned order dated 4.2.1992 the C.R.O. has held that as no objections were filed before the C.O. against the valuation of chaks, therefore, the petitioner could not have challenged the valuation of the chaks before the S.O.C.
3. There is no illegality in the impugned order dated 4.2.1992 passed by the Chief Revenue Officer, Basti, i.e., respondent No. 1. The writ petition lacks merit, and is, accordingly dismissed.
4. Interim order, if any, stands vacated.
Order Date :- 29.4.2019 Anurag/-