SHIV PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) THE present writ petition is directed against the proceedings relating to the allotment of chak under the provisions of the U. P. Consolidation of Holdings Act.

(2.) CHAK no. 422 was proposed to be allotted to the petitioner while the chak no. 39 was proposed to be allotted to Gurdin (opposite party no. 2). It appears that in the objections which were filed by the petitioner it was claimed that since he had his "abadi" in plot no. 113, he may be allotted a chak adjacent to that plot towards south and that Gurdin (opposite party no. 2) may be accommodated towards south-west of the said plot. These objections were disposed of by the Consolidation Officer by his order dated 28-3-1980 and the objections were dismissed.

(3.) IT has been contended on behalf of the petitioner that the Deputy Director of Consolidation while disposing of the revision was not justified in relying upon the information obtained by him outside the court and since the Deputy Director of Consolidation has acted upon the said information the judgment and order passed by him are liable to be quashed. IT has also been contended by the learned counsel for the petitioner that the Deputy Director of Consolidation did not provide him an opportunity of hearing at the time of the disposal of the revision.