Ram Babu v. Deputy Director of Consolidation, Etawah/Auraiya
2016-10-05
RAM SURAT RAM (MAURYA)
body2016
DigiLaw.ai
JUDGMENT Ram Surat Ram (Maurya),J. 1. Heard Sri Archit Mehrotra for the petitioners and Sri P.K. Dixit for the caveators. 2. The writ petition has been filed against the order of Deputy Director of Consolidation in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953(hereinafter referred to as "the Act). 3. The dispute between the parties is for allotment of chak on plot nos.783, area 1.485 hectare and 785, area 1.781 hectare. Ram Babu (petitioner -1) has 1/15 share and Ram Das (petitioner-2) has 1/25 share in each. 4. From the stage of Assistant Consolidation Officer Ram Babu was allotted his first chak on plot no.783 etc of an area 0.361 hectare while Ram Das was allotted chak on plot no.783 of total area 0.384 hectare. So far as Brij Lal and Megh Singh are concerned they are also cosharers in the aforesaid plots. Brij Lal had 1/12 share and Megh Singh also had 1/10 share. Brij Lal was allotted an area of 0.437 hectare of plot no.783 etc. and Megh Singh was allotted total area of 0.521 hectare on plot no.783 etc. It may be mentioned here that plot no.783 was valued at the rate of 80 paisa while plot no.785 was valued at the rate of 50 paisa. Due to allotment of major portion of plot no.785 in the chak of Ram Babu and Ram Das, they were given excess area in proportion to their original area in these plots. Ram Babu had 1/15 share and his share in plot no.783 and 785 would be 0.217 hectare and share of Ram Das on plot nos.783 and 785 would come as 0.121 hectare. The objection of respondents-4 and 5 that they be allotted more area of plot no.785 has been ejected by Consolidation Officer and their appeals were also dismissed. They challenged the aforesaid orders in revision. Deputy Director of Consolidation by the impugned order dated 23.8.2016 allowed their revisions and by this order Brij Lal, respondent-2, was allotted an area 0.391 hectare on plot no.783 and 785 etc. and his area on these plots enhanced to the extent of 0.133 hectare. Megh Singh respondent-5 was allotted an area of 0.611 hectare by the impugned order and his area was enhanced to the extent of 0.111 hectare.
and his area on these plots enhanced to the extent of 0.133 hectare. Megh Singh respondent-5 was allotted an area of 0.611 hectare by the impugned order and his area was enhanced to the extent of 0.111 hectare. So far as the petitioners are concerned, area of Ram Babu, petitioner no.1, was reducedd to the extent of 0.121 hectare and Ram Das, petitioner no.2, was reduced to the extent of 0.127 hectare. Thus, even after the order of Deputy Director of Consolidation the petitioners have their chak on the plot nos. 783 and 785 in proportion to their original holding. 5. 'Due to allotment of high valuation land to Ram Babu on plot no.731 his area has been reduced but Ram Babu has no grievance in respect of allotment of chak on plot no.731 and reduction in area was within permissible limit. So far as Ram Das is concerned, the original area of Ram Das was 0.570 hectare and he was allotted chak of the area 0.629 hectare and his reduction does not exceed the permissible limit. 6. In the circumstances, as the original tenure holders were allotted chaks on their original holding in proportion to their original area, no interference can be made in exercise of power under writ jurisdiction of this Court. The writ petition has no merit and it is dismissed.