Court No. - 1
Case :- WRIT - B No. - 24300 of 1988 Petitioner :- Narain Singh Respondent :- D.D.C.
Counsel for Petitioner :- A.K. Gaur,Raj Narayan Tiwari Counsel for Respondent :- S.C.,R.P. Mishra
Hon'ble Ram Surat Ram (Maurya),J.
Supplementary affidavit filed today is taken on record. Heard counsel for the parties.
This writ petition has been filed against the orders of CO dated 9.3.1986, SOC dated 28.5.1986 and DDC dated 17.9.1988, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
It has been stated by the petitioner that plot no. 171 was the original holding of the petitioner. During consolidation, the petitioner was allotted chak on plot no. 170. The petitioner filed an objection that plot no. 170 is affected with the Gul of the Government and is a sandy land, as such, either this plot be removed from the chak of the petitioner, or its valuation be reduced to 20 paise. The objection of the petitioner has been rejected by the CO by order dated 16.12.1988.
It may be mentioned that Hans Raj, brother of the petitioner, has also filed an objection against the allotment of chak. CO has decided the objection of Hans Raj also by the order dated 9.3.1986. Thereafter, the petitioner as well as Hans Raj, both filed appeals before the SOC. SOC by order dated 28.5.1986, dismissed the appeals. The petitioner and Hans Raj both, challenged the aforesaid order in revisions. The revisions of petitioner and Hans Raj were heard along with two other revisions filed by Paramanand and Jagmal. DDC by order dated 17.9.1988 found that plot no. 170 is a low quality land and accordingly, he directed for reducing its valuation from 80 paise to 70 paise, but the benefit of this reduction has been given to Hans Raj alone and not to the petitioner. Hence, this writ petition has been filed.
Counsel for the petitioner submits that once the DDC has recorded a finding that plot no. 170 is a low quality land, then, while reducing its valuation, the valuation of plot no. 170, portion of which has been allotted in the chak of the petitioner, also ought to be reduced, but no reason has been given for not reducing the valuation of plot no. 170 allotted in the chak of the petitioner. The arguments raised by counsel for the petitioner appears to be convincing.
In the result, the writ petition succeeds and is allowed. The order of DDC dated 17.9.1988, so far it relates to the petitioner, is set aside. DDC is directed to consider the grievance of the petitioner and the reduction of valuation of plot no. 170, as granted to Hans Raj be also granted to the petitioner. Accordingly, his chak be re-adjusted within a period of three months from the date of production of a certified copy of this order before him.
Order Date :- 18.4.2017/Jaideep/-