Court No. - 19
Case :- WRIT - B No. - 24712 of 2016 Petitioner :- Rajeshwar Singh Respondent :- D.D.C. And 5 Ors.
Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioner.
There is a laches of six months in filing the writ petition and despite opportunity having been granted to the petitioner vide order dated 25.5.2016 to file a supplementary affidavit furnishing the explanation for the delay, no supplementary affidavit has been filed by the petitioner.
In view of the aforesaid, the writ petition deserves to be dismissed on ground of laches itself. However, the Court has also perused the records and heard the case on merits.
The writ petition has been filed against the order dated 11.09.2015 passed by the Deputy Director of Consolidation in Revision No.256 filed by respondent no.3 against the order dated 3.12.2014 passed by the Settlement Officer of Consolidation. Through order dated 3.12.2014, the Settlement Officer of Consolidation has amended the allotment of Chak proposed by the Assistant Consolidation Officer and confirmed by the Consolidation officer under Section 20 of of the U.P.Consolidation of Holdings Act, 1953 (hereinafter referred to as Act, 1953). The effect of the order dated 3.12.2014 passed by the Settlement Officer of Consolidation was that the respondent no.3 was deprived of any source of irrigation on his plot. The Deputy Director of Consolidation considering that the respondent no.3 was a very small tenure holder and the allotment of Chak made by Settlement Officer of Consolidation deprived the petitioner of his source of irrigation set aside the order passed by the Settlement Officer of Consolidation and restored the allotment of Chak as made till the stage of Consolidation Officer. Even after the order dated 11.9.2015, the petitioner retains a Chak on his original holding.
There is no illegality in the order dated 11.9.2015 passed by the Deputy Director of Consolidation so as to occasion any interference under Article 226 of the Constitution of India as there is no violation of any principle prescribed in Section 19 of the Act, 1953.
The writ petition lacks merit and is dismissed.
Order Date :- 25.7.2019 IB