Court No. - 19
Case :- WRIT - B No. - 1924 of 2019 Petitioner :- Sukhdev Singh Respondent :- Deputy Director Of Consolidation And 8 Others Counsel for Petitioner :- Sachin Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present writ petition has been filed against the order dated 20.5.2019 passed by the Deputy Director of Consolidation whereby he has accepted the reference dated 1.12.2014 submitted by the Consolidation Officer.
It appears from the records annexed with the writ petition that Plot Nos. 1160 and 1161 were carved out from Plot Nos. 1517 and 1521 which were grove land included in C.H. Form - 18 and, therefore, chucked out during the consolidation operations in the village. Plots were not divided by the Consolidation Officer amongst its co-tenure holders during the consolidation operations in the village. However, subsequently while preparing C.H. Form - 45, Plot Nos. 1160 and 1161 were shown in different sub-parts as 1160A, 1160B and 1160C etc. Through his order dated 20.5.2019, the Deputy Director of Consolidation, Moradabad had directed that C.H. Form - 45 be corrected and Plot Nos. 1160 and 1161 be shown as minjumla numbers as there was no partition of the original plots from which Plot Nos. 1160 and 1161 were carved out.
The counsel for the petitioner has stated that Plot Nos. 1517 and 1521 had been divided amongst its co-tenure holders long back and also Plot Nos. 1160 and 1161 were divided between co- tenure holders and the co-tenure holders had sold their share in the disputed plots to different persons including the petitioner. A perusal of the sale deed shows that the same were executed in 2011.
The sale deed may only be an evidence of a formal partition between the co-tenure holders and the co-tenure holders would be entitled to institute appropriate proceedings for partition of the disputed plots in the revenue courts on the basis of prior partition.
There is no illegality in the order dated 20.5.2019 passed by the Deputy Director of Consolidation. The writ petition lacks merit and is, hereby, dismissed.
Order Date :- 30.7.2019 Satyam