PARAS Vs. UPPAR ZILADHIKARI F AND R

JUDGEMENT

(1.) Heard Sri R.P. Yadav, learned Counsel for the petitioners, Sri R.U. Ansari for the respondent No. 3 and the learned Standing Counsel for the respondent Nos. 1 and 2. Learned Counsel for the Gaon Sabha has accepted notice for the respondent No. 4. Learned Counsel agree that the matter be disposed of finally at this stage itself without awaiting any further exchange of affidavits. A sketch map has been prepared by Sri Ansari to advance his submissions which has been placed before the Court in relation to the stages of allotment over plot No. 149 about which the dispute has been raised in this writ petition.

(2.) It is undisputed that Plot No. 149 is the joint holding of the petitioner and the respondent No. 3. It is also undisputed that both have half share each in the said plot. The tubewell of the respondent No. 3 is on the northern side of the said, plot whereas the tubewell of the petitioner No. 2 Lalta is almost in the middle towards the southern side.

(3.) The Assistant Consolidation Officer proposed one small chak facing the roadside to the respondent No. 3 and an east-west chak to the said respondent including her tubewell on the northern side of plot No. 149. This was causing inconvenience to the petitioner as the small chak of the respondent No. 3 was in the middle of the entire chak that was allotted to the petitioner.