BHADDAR SINGH Vs. DY DIRECTOR OF CONSOLIDATION VARANASI

JUDGEMENT

(1.) :-

(2.) THIS petition under Article 226 of the Constitution is directed against the order dated 29th February, 1980 passed by the Deputy Director of Consolidation in the matter arising out of chak allotment proceedings.

(3.) LEARNED counsel for the petitioner contended that the petitioner being a small tenure holder should not have been allotted three chaks by the Deputy Director of Consolidation and as such his order stands vitiated in law. I do not find any merit in this submission. Under Section 19 of the Act a tenure holder can be allotted three chaks. He could also be allotted more than three chaks on the approval in writing of the Deputy Director of Consolidation as provided under the proviso to sub-section (e) of Section 19 (1) of the Act. Thus I find that no Jurisdictional error has been committed by the Deputy Director of Consolidation in allotting three chaks to the petitioner. The petitioner is a co-tenure holder alongwith opposite parties nos. 2 to 4 in certain holdings. He was allotted both the chaks near village abadi while his said co-tenure holders were not allotted land near village abadi to which they were found entitled. The Deputy Director of Consolidation has maintained both the chaks of the petitioner which he was allotted near village abadi but in order to accommodate his co-tenure holders he has taken out certain land from those allotted chaks and has given him a third chak on the aforesaid plots nos. 295 etc. of the valuation of only 6 annas. In this view of the matter I find that no injustice has been caused to the petitioner. In the matter of allotment equities are also to be adjusted among the tenure holders and the allotment has to be made in such a manner which may not prejudice any other tenure holder specially the co-tenure holders. In this view of the matter the allotment of a third chak to the petitioner cannot be said to be unjust or arbitrary nor it is violative of any provision of law.