BALE RAM Vs. DEPUTY DIRECTOR CONSOLIDATION MEERUT

JUDGEMENT

(1.) Heard Sri Hari Om Khare, Learned Counsel for the Petitioners.

(2.) The challenge in this petition is to the order of the Deputy Director of Consolidation passed in revision against an order passed by the Consolidation Officer under Section 42-A of the U.P. Consolidation of Holdings Act, 1953 (herein after referred to as 'the 1953 Act").

(3.) Sri Khare in essence submits that the Chak road which was allotted during consolidation operations for approaching the Petitioners' plots was not adequate in area in view of the length of the chakroad, and was not in consonance with the intention of the consolidation scheme. The same has also been encroached upon by the contesting Respondents and hence the order of reversal passed by the Deputy Director of Consolidation without taking this aspect into notice is vitiated. Learned Counsel for the Petitioners has relied on the judgment of this Court in the case of Radhey Shyam v. Deputy Director of Consolidation Bareilly and Anr., 2006 100 RevDec 692, to substantiate his plea that such a correction which was allowed by the Consolidation Officer to give benefit to the Petitioners was permissible under Section 42-A of the 1953 Act. He contends that the mistake has been corrected and the judgments relied upon by him permits for rectification of such mistakes. He has further invited the attention of the Court to the case of Mangal and Anr. v. State of U.P. and Ors., 2010 109 RevDec 349, to further buttress his submissions.