Court No. - 19
Case :- WRIT - B No. - 1533 of 2019 Petitioner :- Ramashanker Respondent :- Deputy Director Of Consolidation And 8 Others Counsel for Petitioner :- Anant Vijay Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Supplementary affidavit filed today, is taken on record. Heard learned counsel for the petitioner.
The present writ petition has been filed against the order dated 9.8.2018 passed by the Deputy Director of Consolidation, Chitrakoot, i.e., respondent No. 1 (hereinafter referred to as, 'D.D.C.') in Revision No. 28/2015-16.
It has been argued by the counsel for the petitioner that through the order dated 17.11.2016 passed by the D.D.C. the petitioner has been deprived of any share on Plot No. 434/1, which he alleges to be adjacent to road and in lieu thereof allotted Udan Chak.
It appears from the record annexed with the supplementary affidavit that till the stage of Consolidation Officer, the petitioner was allotted .317 hectare on Plot No. 434/1, but .40 hectare was withdrawn by the S.O.C., and therefore, the petitioner was allotted only .277 hectare on the aforesaid plot. Vide his order dated 17.11.2016, the D.D.C. has withdrawn the said area from the petitioner allotted to him on Plot No. 434/1.
It is apparent that the petitioner has not been allotted any share on Plot No. 434/1, which was jointly purchased by respondent Nos. 2, 3 and 4.
The matter requires consideration.
Issue notice to respondent Nos. 2 to 9 through registered post with acknowledgement due for which steps shall be taken by counsel for the petitioner within 10 days from today, failing which the present writ petition be listed under Chapter XII Rule 4 of the Allahabad High Court Rules.
If, steps are taken, office shall proceed to issue notice fixing any date in the first week of October, 2019. In the meantime, the respondents may file their affidavit. The petitioner shall have four weeks thereafter to file his rejoinder affidavit.
List after expiry of the aforesaid period.
Meanwhile, the parties shall maintain status quo regarding the disputed plot .
Order Date :- 25.7.2019 Anurag/-