Ram Swaroop v. Dy. Dir. Of Consolidation,Sitapur Camp, Lakhimpur Kheri
2017-01-11
RAJAN ROY
body2017
DigiLaw.ai
JUDGMENT : Heard. 1. The contention of the petitioner herein is that at the level of Assistant Consolidation Officer a chak comprising of Gata Nos. 222 and 145 was proposed to be alloted to the petitioner. The petitioner filed an objection that the land alloted in respect of Gata no. 145 should be included in Gata no. 222 and chak should be allotted accordingly. The opposite party no.4 Nek Singh, the main contesting party also filed objections stating that he had been allotted an Udan Chak at Gata No. 227 depriving him of his original holding of 4 Bighas at Gata No. 213. Therefore he stakes his claim for allotment of chak at his original holding at Gata No. 213 or by carving out a chak comprising of Gata No. 227 and 228. Both the objections of the petitioner and opposite party no. 4 were rejected. The petitioner reconciled with the same, however, the opposite party no. 4 went in appeal before Settlement Officer Consolidation, wherein apart from claiming chak at the original holding, i.e., Gata No. 213 new alternative plea was raised, vis-a-vis the petitioner, for allotment of chak at the original holding of the petitioner, i.e., Gata No. 222. The Settlement Officer Consolidation acceded to the claim of the opposite party no. 4 and consequently deprived the petitioner of the original chak alloted to him at Gata No. 222 and 145 and instead alloted a Udan chak at Gata No. 215 and 228. The contention is that the Gata No. 222 was the original holding of the petitioner. Issue notice to opposite party nos. 4 to 11. List thereafter. 2. In the meantime the operation of the impugned orders passed by the DDC/and Settlement Officer Consolidation shall remain stayed.