Court No. - 9
Case :- WRIT - B No. - 5641 of 2018 Petitioner :- Ram Nath Respondent :- Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Mukesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Heard learned counsel for the petitioner.
The instant writ petition arises out of a proceedings for allotment of chaks and is directed against the order dated 27.07.2018, whereby a revision filed by the petitioner has been rejected.
The contention of counsel for the petitioner initially was that the Deputy Director of Consolidation has reviewed an earlier order passed on 28.11.2016. This submission is misconceived, inasmuch as, the order dated 28.11.2016 was recalled by the order dated 11.12.2017 on a restoration application filed by the opposite party.
The order dated 11.12.2017 has not been subjected to any further challenge and therefore has attained finality between the parties.
Since, the petitioner acquiesced to the order dated 11.12.2017 allowing the restoration application that has been filed by the opposite party, it does lie the mouth of the petitioner to submit that the order dated 11.12.2017 amounts to reviewing the earlier order dated 28.11.2016.
The contention of counsel for the petitioner on merits is that on his objection, the Consolidation Officer had modified his chak, which modification has been reversed by the Settlement Officer Consolidation without adverting to the reasons given by the Consolidation Officer, for such a modification. Therefore, the revision should have been allowed and in failing-to-do-so, the Deputy Director of Consolidation has committed manifest illegality calling for interference by this Court.
The revision of the petitioner has been dismissed on the ground that the parties are the tenure holders of plot nos.1516 and 1517, which plots are situated adjacent to a road and canal.
It has also been observed that the Settlement Officer Consolidation had allotted them shares in these plots commensurate to their original holding, therein.
Although, this findings have been sought to assailed, however, from the perusal of CH Form of the petitioner, which is on record, this Court is satisfied that the finding returned by the Deputy Director of Consolidation is correct and is borne out by the record.
Thus, this Court does not find any merit in the writ petition, which is accordingly, dismissed.
Order Date :- 27.11.2018 RKM