Ambika Prasad v. Deputy Director of Consolidation Others
1983-01-06
K.N.GOYAL
body1983
DigiLaw.ai
JUDGMENT K.N. Goyal, J. 1. These two writ petitions: have been filed by Ambika Prasad and Kedar Nath respectively who are opposite parties in each other's writ petition. The other respondents who were impleaded in the two petitions have not appeared to contest inspite of sufficient service. 2. I have heard learned counsel for these two parties who are represented. Both of them are aggrieved by the order of the Deputy Director dated 29.9.76 inasmuch as these petitioners have been displaced from the sectors from where they had their original holdings and have been allotted land in sectors 1 and 8 respectively which was not their original sector and is far away from the original holdings of these two petitioners. On the other hand sectors 8, 9, 10 and 11 are near the abadi. The absentee opposite parties held land originally in sector 1 but have not been given land in that sector. No sufficient justification is forthcoming from the impugned order for denying the petitioners their due share in the sectors which they originally held in the land. As such the matter requires reconsideration by the Deputy Director who may hear all the parties concerned. 3. Accordingly, both the writ petitions are allowed in part and the order dated 29.9.76, insofar as it affects Kedarnath and Ambika Prasad, is hereby quashed. The Deputy Director shall hear the revisions afresh after notice to the parties concerned and decide them in accordance with law. 4. No order is made as to costs. (Petition allowed)