MOHD YUSUF Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) INSTANT petition has been filed challenging the order dated

(2.) It is asserted in the petition that the Consolidation Officer vide order dated 22.09.1995 allotted Chak in favour of the petitioner at the original holdings. One Chak was allotted at his original holding on Gata No. 201/1 and other Chak at Gata No. 245. It has been further asserted that only a small area of his original holding of Gata No. 200/1 was given in his Chak. The petitioner filed an appeal, bearing no. 857 'Mohd. Yusuf vs. Janeshwar and ors. before the Settlement Officer Consolidation, Roorkee, which stood allowed. Thereafter, the respondent no.4 preferred a revision before the DDC who allowed the revision of respondent no.4 vide order dated 02.06.2000, which the order impugned in the instant petition.

(3.) THE respondent no.4 filed counter affidavit with the averment that the respondent has been given the Chak on his original holding, where he has his private electricity tube well, his other brothers were also given the Chaks. It is asserted that by making adjustment, the petitioner has been placed at his original holding. It is further asserted that the respondent has not taken any land/valuation of the petitioner and on account of change, the petitioner cannot be said to be effected in any manner, therefore the writ petition is liable to be dismissed.