Court No. - 19
Case :- WRIT - B No. - 9670 of 2015 Petitioner :- Sushil Kumar Respondent :- D.D.C. And 5 Others Counsel for Petitioner :- P.K. Singh,D.P. Singh Counsel for Respondent :- C.S.C.,Anant Vijai,Anant Vijay,Ram Janam Shahi
Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioner and Shri Ram Janam Shahi, counsel for the respondent.
The present writ petition has been filed against the order dated 18.12.2014 passed by the Deputy Director of Consolidation allowing the revision filed by the opposite parties against the order passed by the Settlement Officer of Consolidation, Chitrakoot.
The dispute between the parties relates to Plot No.1432. The petitioner and the respondents were co-tenure holders of the said plots and the Deputy Director of Consolidation after recording a finding that the respondents were the owner of tube well situated on Plot No.1432 allotted the said plot in the Chak of the respondents.
The Settlement Officer of Consolidation had allotted Plot No.1432 in the Chak of the petitioner on the ground that the trees of the petitioner were near the hand pump existing on Plot No.1432.
It has been argued by the counsel for the petitioner that the petitioner was the owner of the tube well situated on Plot No.1432 and therefore, the order passed by the Deputy Director of Consolidation was illegal and contrary to law and was liable to be set aside.
A reading of the memorandum of appeal filed by the petitioner shows that in the aforesaid appeal filed by him, the petitioner had not claimed his source of irrigation on Plot No.1432 and the petitioner had claimed his ownership only over the tube well and the house constructed on Plot No.1427. The petitioner retains a Chak on Plot No.1427 which was his original holding and the total area allotted to the petitioner on Plot No.1427 is 0.260 Hectare even though the petitioner has purchased only 0.105 Hectare in Plot No.1427.
The Deputy Director of Consolidation has amended the allotment of Chaks also on the ground that the respondents had their residence on the Plot No.1432. The order dated 18.12.2014 passed by the Deputy Director of Consolidation does not violate any of the principles contained in Section 19 of the U.P Consolidation of Holdings Act, 1953. The matter relates to allotment of chaks and there can be no allotment which would fully satisfy all the tenure holders of the Village.
The writ petition lacks merit and is dismissed.
Order Date :- 22.8.2019 IB