Court No. - 9
Case :- WRIT - B No. - 5443 of 2018 Petitioner :- Nitin Kumar Respondent :- Deputy Director Of Consolidation And 10 Others Counsel for Petitioner :- Brajesh Shukla Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard Shri Brajesh Shukla, learned counsel for the petitioner and Shri Abhishek Srivastava holding brief of Shri Arun Kumar Srivastava, counsel for the respondent no.11, Gaon Sabha.
The instant writ petition arises out of proceedings for allotment of chaks and is directed against the order dated 04.10.2017, passed by the Deputy Director of Consolidation.
By this order, the petitioner has been shifted from plot no.165/1 to plot no.91/1, which is bachat land.
The only contention of counsel for the petitioner is that there is yet another plot in the unit, namely, plot no.177 which is also bachat land. He has prayed that the Deputy Director of Consolidation be directed to reconsider whether it would be appropriate to allot this bachat land of plot no.177 to the petitioner in lieu of plot no.91/1, which has been allotted to him by the order impugned.
In my considered opinion, the prayer of the petitioner can be considered as it prima facie does not prejudice anyone but the Gaon Sabha. The prayer in essence is one of allotment of one piece of bachat land with another.
The matter is accordingly, remitted to the Deputy Director of Consolidation to consider the plea of the petitioner for allotment of bachat plot no.177 in lieu of bachat plot no.91/1 and pass appropriate orders thereon, strictly in accordance with law after hearing and considering the stand of the Gaon Sabha in this regard.
It is, however, clarified that nothing beyond what has been stated above shall be considered by the Deputy Director of Consolidation and in case for some reason, allotment of plot no.177 in lieu of plot no.91/1 is not found to be appropriate by the Deputy Director of Consolidation, the allotment in favour of the petitioner, as it stands today, shall be maintained.
Subject to the above, this writ petition is allowed to the extent noted above and the matter is remitted back to the Deputy Director of Consolidation for considering the plea of the petitioner.
Order Date :- 26.11.2018 RKM