Court No. - 17
Case :- WRIT - B No. - 4894 of 2018 Petitioner :- Zulfiquar Respondent :- Deputy Director Of Consolidation Sambhal And 5 Others Counsel for Petitioner :- Ayub Khan Counsel for Respondent :- C.S.C.,Tawvab Ahmed Khan
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and Sri T. A. Khan, on behalf of the respondent no. 6 and learned Standing counsel.
This writ petition has been filed for quashing the orders dated 17.03.2018, 11.07.2016 and 15.11.2014, passed by the Deputy Director of Consolidation, Settlement Officer, Consolidation and Consolidation Officer respectively.
The record reflects that the original holding of the petitioner is Chak No. 317 which consist of plot no. 206 having 1/28th share.
The Consolidation Officer and Assistant Consolidation Officer proposed a single chak over his original holding i.e. plot no. 206 as per his share. In spite of that the petitioner filed an objection under Section 20 of the U.P. Consolidation and Holdings Act, 1953, which was rejected by the Consolidation Officer vide order dated 15.11.2014. Against that order an appeal was filed before the Settlement Officer of Consolidation which was dismissed on 11.07.2016. The said order passed by both the Consolidation Authorities were affirmed in the Revision filed by the petitioner vide impugned order dated 17.03.2018. The contention of learned counsel for the petitioner is that although the chak was allotted to his original holding, he wants his chak be allotted over the same holding adjacent to the road.
All the Consolidation Authorities have rejected the claim of the petitioner as he has allotted the chak over his original holding as per his share. The demand of the petitioner for allotment of chak towards road side is not at all justified.
The findings recorded by the Consolidation Officer is beyond the scope of any interference under article 226 of the Constitution.
The writ petition lacks merit and is, accordingly dismissed.
Order Date :- 24.8.2018 Sweety