JAGARNATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) The dispute relates to allotment of certain chaks in village Jamalpur, tahsil Ghosi, district Azamgarh. The Assistant Consolidation Officer, proposed the allotment of three chaks to the Petitioner. Objections were filed by the Petitioner claiming two chaks instead of three as proposed. He further prayed for allotment of 16 annas valuation of Kodar land i.e. the land used for cultivation of vegetables in chak No. 1 in Sector 6 as according to the Petitioner, he had his original plot of land valuing 16 annas in the said Kodar land. The Consolidation Officer allowed the claim of the Petitioner in part and allotted him the land valuing 10. 50 annas in Kodar land comprised in chak No. 1. The Consolidation Officer also made further adjustments.

(2.) The Petitioner being aggrieved filed an appeal before the Settlement Officer Consolidation, again claiming two chaks and allotment of land valuing 16 annas in Kodar. An appeal was also filed by opposite party No. 2. Both these appeals were dismissed by the Settlement Officer by his judgment and order dated 20th September, 1975. The Settlement Officer Consolidation allotted opposite party No. 2 land in Kodar valuing 6.119 annas. Both the parties preferred revisions before the Deputy Director Consolidation. The Deputy Director Consolidation allotted four chaks to the Petitioner and made a major reduction of chak No. 1 by reducing land in Kodar to the extent of only 4. 453 annas though the Petitioner held 16 annas in Kodar originally. It is this judgment and order dated 25th of May 1979 which has been impugned in the present petition under Article 226 of the Constitution.

(3.) It may be mentioned that the opposite party No. 3 had prayed before the Deputy Director for shifting from Sector No. 5 to Sector No. 8. This allegation has been controverted in the counter affidavit filed by the opposite party No. 3.