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2014 DIGILAW 3351 (ALL)

V. Nath v. D. D. C.

2014-11-11

ANJANI KUMAR MISHRA

body2014
JUDGMENT Anjani Kumar Mishra, J. 1. Heard Sri Kunal Ravi Singh, learned Counsel for the petitioner and learned Standing Counsel for the State-respondents. None has appeared on behalf of contesting respondents even though the matter has been taken up in the revised list. This petition is directed against an order dated 26.4.1985 passed by the Deputy Director of Consolidation, Balia in a reference prepared at the instance of the respondent No. 4. The application filed by respondent No. 4 was for providing a chak road and the same has been accepted and a chak road has been carved out. By the same order, another chak road and Nali has been abolished. 2. Learned Counsel for the petitioner has submitted that the chak road has been carved out in such a manner that his holding has been divided into two parts. It is further his submission that even before the Court below, he had submitted that the chak road be carved out towards west of his grove and on the boundary of his grove and the adjoining chak of the respondent No. 4. 3. It is further the case of the petitioner that the chak road, as has been carved out by the impugned order, separates the agricultural holding of the petitioner from his grove. The petitioner is aggrieved by this chak road because his source of irrigation exists in his grove land and once the chak road is carved out on the spot, he will face difficulty in irrigating his chak from his private source of irrigation, situated on his grove land. 4. I have considered the submissions made by learned Counsel for the petitioner and have perused the record including the counter affidavit of the respondent No. 4, which is available on record. 5. The parties are at issue as to the stand of the Gaon Sabha regarding the chak road that has been carved out by the impugned order. There are allegations and counter allegations in this regard. The petitioners' case is that Goan Sabha did not support the prayer made by the respondent No. 4 while on the other hand it is the case of the respondent No. 4 that the Gaon Sabha was in favour of such carvation of chak road, as has been done by the impugned order. 6. Alongwith the writ petition, the petitioner has annexed a map as Annexure-3 to the writ petition. 6. Alongwith the writ petition, the petitioner has annexed a map as Annexure-3 to the writ petition. Perusal of this map shows that the submissions made by learned Counsel for the petitioners are correct. The chak road as carved out by the impugned order will run between the agricultural holding of the petitioner and his grove and will thus be carved out on the eastern boundary of the grove land of the petitioner. 7. Learned Counsel for the petitioners has urged that no injury will be caused to anybody, in case the chak road is carved out on the western boundary of the petitioners' grove land and between the grove land and the agricultural holding of respondent No. 4. As already observed, the perusal of the map reveals that the submission of learned Counsel for the petitioner in this regard has substance. 8. From reading of the impugned order, it is clear that no reason has been assigned for carving out the chak road bifurcating the holding of the petitioners. There is also no reason assigned as to why this chak road could not have been carved out on the western boundary of the agricultural holding of the petitioner. The only reason given in the impugned order is that the chak road needs to be carved out as it will be beneficial for the public at large. 9. In the absence of any cogent reason for not carving out the chak road along the western boundary of the petitioners' grove land and for providing it along the eastern boundary and in view of the fact that there appears to be no problem in providing it along the western boundary, as is clear from the map referred to above, it appears fit and proper that the impugned order be set aside and the matter be remanded back to the Deputy Director of Consolidation, respondent No. 1 to pass fresh orders after hearing all concerned parties and in the light of the observations made above. 10. Accordingly, I allow the writ petition, set aside the impugned order dated 26.4.1985 and remand the matter back to the Deputy Director of Consolidation to examine the feasibility of carving out the chak road along western and northern boundary of the petitioners' grove. He may also made a spot inspection and dispose of the matter by a reasoned and speaking order after hearing all concerned. 11. He may also made a spot inspection and dispose of the matter by a reasoned and speaking order after hearing all concerned. 11. Since the matter is an extremely old one, it is expected that this exercise shall be completed as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order before the respondent No. 1. Accordingly and subject to the directions aforesaid, this writ petition is allowed, the order dated 26.4.1985 is set aside and the matter is remanded back for a fresh decision.