Court No. - 22
Case :- WRIT - B No. - 15459 of 1985 Petitioner :- Phagoo And Others Respondent :- Asst Director Of Consolidation And Others Counsel for Petitioner :- R.R.Shivhare,S.K. Pandey Counsel for Respondent :- S.C.,B.N.Srivastava,Madhur Prakash,Prabhaker Dubey
Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioners, Shri B.N.Srivastava, counsel for the respondent no.2 and Shri Prabhakar Dubey counsel for respondent no.7.
The present writ petition has been filed against the order dated 28.9.1995 passed by the Assistant Director of Consolidation i.e. respondent no.1 who has rearranged the Chaks as made by the Settlement Officer of Consolidation and has rearranged the same by allotting the petitioners a Chak on their original holdings, i.e., Plot Nos.460, 467 and 469.
The contention of the petitioners is that they are small tenure holder. By order dated 28.9.1985 the petitioners have been allotted three Chaks, therefore, the order dated 28.9.1995 was liable to be set aside.
Section 19 of the Act, 1953 provides that no land holder shall be allotted more than three Chaks without the prior permission of the Deputy Director of the Consolidation.
In view of the aforesaid, there is no jurisdictional error in the order dated 28.9.1995 which merely relates to allotment of Chaks and through which the petitioner has been allotted a Chak on his original holdings.
The writ petition lacks merit and is dismissed.
Order Date :- 27.2.2019 IB