KISHUN SINGH Vs. DEPUTY DIRECTOR CONSOLIDATION DISTRICT MIRZAPUR

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India, interalia, praying for quashing the order dated 6.6.2003 (Annexure 4 to the Writ Petition) passed by the Deputy Director, Consolidation, District-Mirzapur (respondent No. 1), the Order dated 17.8.2002 (Annexure 2 to the Writ Petition) passed by the Settlement Officer, Consolidation, District-Mirzapur and the Order dated 24.12.1997 (Annexure 1 to the Writ Petition) passed by the Consolidation Officer, Narain Pur, District- Mirzapur (respondent No, 3).

(2.) From the averments made in the Writ Petition, it appears that a chak road was carved out from Plot Nos. 215 and 176. The respondent Nos. 4 and 5 filed objections .before the Consolidation Officer on the ground that the valuation of Plot No. 176, which was the original Plot of the said respondents, had not been taken into consideration in the allotment of chak to the said respondents. The Consolidation Officer by the Order dated 24.12.1997 accepted the objections raised by the respondent Nos. 4 and 5, and held that it was necessary to include the valuation of Plot No. 176, namely, 50 paise in the allotment of chak to the said respondents. Accordingly, the variation in various chaks were made. Copy of the order dated 24.12.1997 passed by the Consolidation Officer has been filed as Annexure 1 to the Writ Petition.

(3.) The petitioner filed en Appeal before the Settlement Officer, Consolidation on the ground that as a result of the Order dated 24.12.1997 passed by the Consolidation Officer, width of the chak road had been reduced to 8 Kari, i.e., 6 1/2 ft., and it would not be possible to move tractors etc. on such a narrow chak road.