Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 2549 (ALL)

Prabhu v. Deputy Director of Consolidation Azamgarh

2016-07-22

RAM SURAT RAM (MAURYA)

body2016
JUDGMENT Ram Surat Ram (Maurya),J. Heard Sri Priya Ranjan Rai for the petitioners and Sri A.P. Singh for respondent-3. 2. The writ petition has been filed against the orders of Settlement Officer, Consolidation dated 3.6.2014 and Deputy Director of Consolidation dated 8.3.2016 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953. 3. The dispute is for allotment of chak on plot no.99/2. Admittedly plot no.99/2 was the original holding of Thakurdeen, father of the petitioners. An area of 0.045 hectare of plot no.99/2, which was recorded in khata of Thakurdeen. Plot no.99/1, area 0.047 hectare belonged to Thakurdeen was out of consolidation. Remaining area of 0.045 hectare of plot no.99/2 belonged to Paltu, Punwasi and Kunju sons of Bahore. Assistant Consolidation Officer proposed a chak to the petitioners on plot no.99/1 etc. of the area 0.171 hectare. Smt. Murati Devi, resondent-3, was proposed a chak of total area 0.083 hectare on plot no.98 giving an area of 0.021 hectare of plot no.99/1. It may be mentioned here that an area of 0.022 hectare of plot no.99/2 was left as bachat. Smt.Murati Devi filed objection for enhancement of her area in chak on plot no.98 etc. The Consolidation Officer by order dated 15.1.2014 allowed the objection and allotted the area 0.022 hectare of plot no.99/2, which was left as bachat land, in the chak of Smt.Murati Devi. The petitioners challenged the aforesaid order in appeal before Settlement Officer, Consolidation. Settlement Officer, Consolidation by order dated 3.6.2014 found that some area of chak of Smt. Murati Devi was coming in front of house and sahan of the petitioners. Therefore he by order dated 3.6.2014 partly allowed the appeal of the petitioners and by taking an area of 0.011 hectare of plot no.99/2 from the chak of Smt. Murati Devi, it was allotted in the chak of the petitioners and chak of Smt. Murati Devi was shifted to plot no.99/1. An area of 0.006 hectare of plot nos.101 and 102 was also allotted in the chak of the petitioners from the chak road. The petitioners challenged the aforesaid order in revision before Deputy Director of Consolidation, which has been dismissed by him by order dated 8.3.2016. Hence, this writ petition has been filed. 4. I have considered the arguments of the counsel for the parties. 5. The petitioners challenged the aforesaid order in revision before Deputy Director of Consolidation, which has been dismissed by him by order dated 8.3.2016. Hence, this writ petition has been filed. 4. I have considered the arguments of the counsel for the parties. 5. It is not denied that an area of 0.045 hectare of plot no.99/2 of Thakurdeen was chak out and was in possession of the petitioners. From the stage of Assistant Consolidation Officer, the petitioners were given chak of 0.171 hectare on plot no.99/1 etc. In the appeal Settlement Officer, Consolidation found that some area of chak of Smt.Murati Devi was coming in front of house and sahan of the petitioners, therefore, an area of 0.011 hectare of plot no.99/2 was allotted in the chak of the petitioner from the chak of Smt.Murati Devi and her chak was shifted towards her house on plot no.99/1. Thus, according to the original holding of the petitioners, they were having chak at this place. 6. So far as the argument that house and sahan of the petitioners are situated at this place is concerned, house and sahan of Smt.Murati Devi is also situated at this place in plot no.98 which is in south of plot no.99/2 while house of petitioners is situated in east of plot no.99/2. In plot no.99/2 eastern portion of chak of the petitioners is in front of their house and has been allotted in their chak. Thus no material prejudice has been caused to the petitioners. The consolidation authorities have done substantial justice to the parties. No interference is required by this Court. The writ petition has no merit and it is dismissed.