SADULLAH Vs. DEPUTY DIRECTOR OF CONSOLIDATION BIJNOR

JUDGEMENT

(1.) This writ petition has been preferred challenging the order dated 24.12.2009, passed by the Deputy Director of Consolidation, Lucknow Camp Court, Bijnor, in Revision No. 179 of 2002, Ali Ahamad v. Sadullah and Ors.,

(2.) Counter-affidavit has been filed without issuing notice as caveat was filed on behalf of contesting respondents by Sri Ashutosh Shukla Advocate. It appears that counter- affidavit was served to the petitioner's counsel on 27.4.2010 to which a rejoinder-affidavit is also placed before this Court at the time when the writ petition came up as a fresh case.

(3.) The dispute relates to allotment of chak. Initially the petitioner was allotted chak including gata Nos. 749, 750, 754/1, 755, 763 and 765 having an area of 1.167 hectare. Objections were filed by a number of tenure holders including Smt. Nazma wife of late Amir Ahmad Under Section 21(1) of U. P.C.H. Act before the Consolidation Officer. The Consolidation Officer clubbed 17 objections and case was numbered as 323 of 2000. The objections were either partly or completely allowed vide order dated 21.9.2009. The petitioner claimed that though his chak was altered by means of the aforesaid order but he was satisfied as there were only minor changes. This order was challenged by respondent No. 2 in Appeal No. 429 of 2000. 26 appeals were once again decided together. The petitioner states that he was not given any opportunity of hearing and the Settlement Officer, Consolidation passed an order on 19.3.2001 once again making alteration in the chaks. The petitioner did not challenge the order of the Settlement Officer, Consolidation as well and he did not raise any grievance since the changes in the chaks were not to an extent which caused prejudice to the petitioner.