LALI DEVI Vs. DY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) This writ petition raises a grievance about allotment over plot No. 1753 which is the original holding of the Petitioner, the Respondent No. 4 and Respondent No. 5. The contest is with the Respondent Nos. 2 and 3 who have also been allotted the said plot alongwith their original holding of Plot No. 1752.

(2.) The allotment of chaks came to be finalized by the order of the Consolidation Officer on 30th January, 2009. Aggrieved by the said order the Petitioner filed an appeal. The Petitioner took a ground that the allotment of Plot No. 1753 to Respondent Nos. 2 and 3 is illegal without making any spot inspection, inasmuch as, it is a road side land and the entire holding of the Petitioner should have been retained in her chak. The width of the Petitioner's chak has been considerably reduced on the frontage of road side.

(3.) It was further contended by the Petitioner that the partial retention has reduced the lengthwise half share of the Petitioner on road side. The submission is that the total length of the land on the road side is 80 Lathas and the Petitioner being half share holder should have been allotted the land of the width of 40 Lathas on road side. This has been reduced under the orders of the Consolidation Officer to less than half and accordingly the appeal was filed with the aforesaid grounds.