Ashok Kumar Singh v. Deputy Director of Consolidation, Gonda.
2015-12-21
RAM SURAT RAM (MAURYA)
body2015
DigiLaw.ai
JUDGMENT Ram Surat Ram (Maurya), J. – Heard Sri Vijay Kumar Pandey, for the petitioner and Sri A.P. Singh Vishen, for contesting respondent-2. 2. The writ petition has been filed against the order of Deputy Director of Consolidation dated 23.11.2015, passed under Section 48 (3) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). 3. Ashok Kumar Singh (the petitioner), who was owner of new plot 433 (area 0.9487 hectare), filed an application dated 03.12.2014, before Deputy Director of Consolidation, for correction of final consolidation map, deleting chak road of new plots 430 and 432, shown in southern side of his chak (new plot 433), in final consolidation map. The petitioner stated that in his village a Government tube-well was existing prior to consolidation. Old plot 247 (new plot 431) is nali of tube-well. His chak (new plot 433) was carved out, from old plot 168. No chak road was carved out on any part of old plot 168 or 167 nor any chak road is shown in confirmed chak map but in final consolidation map chak road through old plots 167 (area 0.0057 hectare) and 168 (area 0.0266 hectare) (new plots 430 and 432) were carved out without order of competent authority. The final consolidation map be corrected deleting new plot 430 and 432 and a part of plot 431. 4. Deputy Director of Consolidation, vide order dated 04.12.2014, called for a report, from sub-ordinate authorities. Consolidator submitted his reports dated 02.01.2015, 19.01.2015, 31.01.2015 and 02.02.2015, which was forwarded by Consolidation Officer, through endorsement dated 25.02.2015 and Settlement Officer Consolidation through endorsement dated 12.03.2015. In the report it has been mentioned that in old plots 167 (area 0.0057 hectare) (new plot 430), 168 (area 0.0266 hectare) and 169/1 (area 0.0280 hectare) (new plot 432, area 0.0546) chak roads have been carved out, which have been mentioned in CH Form-41 and 45 also but these chak roads have not been mentioned in CH Form 23 (part-3). It has been recommended to shift chak road in plot 430 and 432 from southern side of plot 433 to its northern side. Similarly some changes in nali and bachat land were also suggested. The matter was contested by other chak holders. 5.
It has been recommended to shift chak road in plot 430 and 432 from southern side of plot 433 to its northern side. Similarly some changes in nali and bachat land were also suggested. The matter was contested by other chak holders. 5. In order to verify the correctness of the allegations in the application of the petitioner that in CH Form 23 (part-3), chak road through old plots 167 (area 0.0057 hectare) (new plot 430), 168 (area 0.0266 hectare) and 169/1 (area 0.0280 hectare) (new plot 432, area 0.0546) have not been mentioned, Deputy Director of Consolidation also summoned original CH Form-2-A and 23, relating to aforesaid plots, in which relevant pages were torn. Other original records were also summoned. Chak roads of plot 430 and 432 were mentioned in confirmed chak map, CH Form-41 and 45 and final consolidation map. Deputy Director of Consolidation, after hearing the parties, by order dated 23.11.2015, held that relevant pages of original CH Form-2-A and 23, relating to aforesaid plots, were torn. From which it is proved that evidence relating to chak road of new plots 430 and 432 were tried to be removed. Chak road of new plots 430 and 432 are shown in confirmed chak map, CH Form-41 and 45 and in final consolidation map. The village was notified under Section 52 of the Act on 18.09.2003 and after expiry of about 11 years, the petitioner mala fide moved this application for deleting chak road on plots 430 and 432. On these findings, he dismissed the revision. Hence this writ petition has been filed. 6. The counsel for the petitioner submits that Deputy Director of Consolidation by order dated 27.07.2015 has accepted report of Consolidator dated 31.01.2015, he has no jurisdiction to review his order. Consolidator, after verifying entire original records, submitted his report dated 31.01.2015, in which he has recommended to connect chak nali of new plot 431 through new plot 423 (bachat land). He also recommended to shift chak road of new plot 430 and 432 from southern side to northern side of plot 433. Deputy Director of Consolidation has illegally ignored the report of Consolidator without assigning any reason. The petitioner, in his application took plea that no chak road have been carved out in old plots 167 and 168 by the competent authority.
Deputy Director of Consolidation has illegally ignored the report of Consolidator without assigning any reason. The petitioner, in his application took plea that no chak road have been carved out in old plots 167 and 168 by the competent authority. In confirmed chak map also there is no chak road but in final records, i.e. in CH Form-41 and 45 and final consolidation map, chak road of new plot 430 and 432 have been illegally shown. Deputy Director of Consolidation has illegally failed to examine the case of the petitioner. Relevant pages of original CH Form-2-A and 23, relating to aforesaid plots, were torn by the opposite party in order to create a confusion, Deputy Director of Consolidation has illegally drew adverse inference against the petitioner. The order of respondent-1 is illegal and liable to be set aside. 7. I have considered the arguments of the counsel for the parties and examined the record. The petitioner has filed CH Form-23 of Chak-211, which was carved out in the names of Fama Nath Singh, Raj Karan Singh sons of Mathura Singh, Raj Kishore Singh, Bishun Pratap Singh sons of Gokaran Singh, Smt. Nirmal Devi widow of Bajrang Singh and Shambhu Singh son of Dilwant Singh. Plot 168 (0.9753 hectare) along with other plots was original holdings of Fama Nath Singh and others. Entire area of 0.9753 hectare of plot 168 was valued and an area of 0.9487 hectare was allotted in their chak. A perusal of CH Form-41, 45 and new khatauni show that this plot was renumbered as plot 433 after consolidation and an area of 0.9487 hectare is still recorded in their names. Thus an area of 0.0266 hectare of plot 168 was not allotted in chak-211 nor the petitioner could file any evidence to show that this area was allotted in the chak of any other person. On the basis of confirmed chak map, CH Form-41 and 45 and final settlement map, Deputy Director of Consolidation has recorded a finding that this area of 0.0266 hectare of plot 168 was allotted as chak road and relevant pages of CH Form-2-A and 23 (part-3) were deliberately torn to conceal evidence, does not suffer from any illegality. In any case, the area which has been allotted in Chak-211 is still in it and no prejudice has been caused to the petitioner. 8.
In any case, the area which has been allotted in Chak-211 is still in it and no prejudice has been caused to the petitioner. 8. The petitioner purchased ¼ share of chak-211, through Smt. Rampatta Devi wife of Bachraj Singh, Hariraj Singh son of Dharmraj Singh and Smt. Chand Devi wife of Rajendra Singh through sale deed dated 04.09.1998. In this sale deed itself, chak road has been shown in southern boundary. The arguments that chak road is actually in northern side of plot 433, cannot be accepted. 9. Report of Consolidator dated 31.01.2015, recommending to connect chak nali of new plot 431 through new plot 423 (bachat land) and to shift chak road of new plots 430 and 432 from southern side to northern side of plot 433 is not based upon any reason. Consolidator was required to examine the correctness of consolidation record and not carved out new chak, chak road or chak nali. The petitioner has also not prayed for shifting of chak roads from southern side to northern side of his plot 433. Numbering in map of new plots are done according to the provisions of consolidation manual. Plot 430 and 432, which were in south of plot 433 cannot be shifted in north of plot 433. No reason has been assigned for this shifting. The petitioner took plea that through old plots 167 and 168, no chak road was carved out as such in final consolidation map chak road be deleted. This plea is found to be false. A perusal of CH Form-23 of the petitioner, itself proved that out of total area of 0.9753 hectare of plot 168 only an area of 0.9487 hectare was allotted in their chak. From other evidence on record, it was proved that remaining area was left as chak road. Now at this stage, the petitioner began to raise plea that chak road be shifted from southern side to northern side of plot 433, although in northern side of plot 433, an old road was already existing prior to consolidation in village. 10. In view of the aforesaid discussion, the writ petition has no merit and is dismissed. Petition dismissed.