Court No. - 9
Case :- WRIT - B No. - 5555 of 2018 Petitioner :- Rukmuddin Respondent :- The Deputy Director Of Consolidation And 24 Others Counsel for Petitioner :- Bakhteyar Yusuf Counsel for Respondent :- C.S.C.,Pradeep Kumar Rai
Hon'ble Anjani Kumar Mishra,J.
Supplementary affidavit filed in Court today, is taken on record.
On an earlier occasion after hearing the parties, the following order had been passed:-
"Heard counsel for the parties.
The orders impugned have been passed on the reasoning that the petitioner had wrongly been proposed plot no. 6551 in his chak as he has not the original holder of the plot. The plot is valuable roadside land and, in fact commercial land.
It is sought to be contended by the learned counsel for the petitioner that he is a co-sharer of the plot. However, his CH Form 23 is not available on record.
Learned counsel for the petitioner prays for and is granted three days time to file the same. Put up this matter on 28.11.2018 in the additional cause list."
Today, the supplementary affidavit filed, contains copies of the CH Form 23 upon which the petitioner release.
Careful scrutiny of this CH Form 23 reveals that plot no. 6551, which is admittedly commercial valuable road side land is not the original holding of the petitioner.
Under the circumstances, the impugned order, which modifies the allotment made and excludes plot no. 6551 from the chak of the petitioner allotting it to its original holder(s) cannot be faulted with. The impugned order is in consonance with the government orders, which provide that valuable road side land should either be chak out or else should be allotted in the chak of it original holder(s).
Under the circumstances, this Court does not find any merit in the writ petition. The petitioner cannot claim allotment of plot no. 6551, as a matter of right as it is not his original holding and in fact in valuable road side land.
The writ petition is accordingly dismissed.
Order Date :- 30.11.2018 Mayank