KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Srivastava, J. Present petition has been filed assailing the judgment dated 7-5-2003 passed by Deputy Director Consolidation, Gorakhpur by which revision of Muni Ram respondent No. 3 was allowed.

(2.) THE facts beyond the pale of controversy are that both the parties are Bhumidhars of Plot No. 445 admeasuring 0. 709 hectares situated in village Bhambhoor, Post Narkata Bazar, Gorakhpur and the petitioner is co-sharer to the extent of 2/3rd whist Muni Ram is co-sharer to the extent of 1/3rd. From a bare perusal or C. H. Form No. 23, it transpries that the Asstt. Consolidation Officer assigned Plot No. 448/2, admeasuirng 0. 228 hectares to the petitioner. At the stage of Consolidation Officer, a chunk of land to the extent of 0. 032 was taken out and the was allotted land on Plot No. 448 admeasuring 0. 029 and on Plot No. 464 admeasuring 0. 004 total area 0. 033. It is further revealed that the Deputy Director Consolidation excluded part of land to the extent of 0. 131 out of Plot No. 448 and instead, assigned to her Udan Chak on Plot Nos. 604 and 603.

(3.) AS a reasult of foregoing discussion, the petition succeeds and is allowed. The order dated 7-5-2003 is quashed and the matter is ordered to be relegated to the Deputy Director Consolidation for considering the matter on merits and decision afresh in accordance with the after accoring due opportunity of hearing to the parties. It is also expected that the Deputy Director Consolidation would have quietus to the matter expeditiously and would not allow it to suffer protraction on trivial grounds. Pettion allowed. .