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2012 DIGILAW 1067 (ALL)

Ram Ajore and Another v. Joint Director of Consolidation, Sultanpur

2012-05-04

SATYENDRA SINGH CHAUHAN

body2012
Satyendra Singh Chauhan, J.;— This petition has been filed challenging the order dated 28.10.1978 passed by the Joint Director of Consolidation, inter alia, on the ground that father of the petitioners was not arrayed as a party before the Joint Director of Consolidation nor the Joint Director of Consolidation in the impugned order has made any observation or recorded any finding for changing the chak of the father of the petitioners, but in spite of that while preparing the chart, the chak of the father of the petitioners has been changed and instead of two chaks which became final, he has been allotted three chaks. 2. Counsel for the opposite parties has submitted that the petitioners are not being affected in any manner and neither any modification has been made in the chak of the petitioners, therefore, the writ petition is not maintainable and is liable to be dismissed. 3. I have heard learned counsel for the parties and perused the record. 4. From a perusal of the record, it is evident that father of the petitioners was not arrayed as a party as in the revision no relief or claim has been made against him. The order dated 28.10.1978 also does not indicate anything regarding the chak of the petitioners, namely, plot no.887, but from the chart prepared by the Joint Director of Consolidation, it is evident that chak of the father of the petitioners has been altered and in place of two chaks, he has been allotted three chaks. The aforesaid illegality can be cured by the Deputy Director of Consolidation only and this Court, therefore, is of the view that the order passed by the Joint Director of Consolidation cannot be sustained and deserves to be set aside.The petitioner was also not arrayed as party before the Joint Director of Consolidation. 5. Writ petition is accordingly allowed and the order dated 28.10.1978 passed by the Joint Director of Consolidation is hereby set aside. The matter is remitted to the Joint Director of Consolidation with the direction to hear and decide the matter afresh after giving opportunity of hearing to the parties. _