BHOLA RAI Vs. DY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) S. N. Srivastava, J. This writ petition is directed against the judgment dated 26th May, 1975 passed by Deputy Director of Consolidation, Azamgarh allowing revision No. 1575, setting aside orders passed by Consolidation Officer and Settlement Officer, Consolidation and making alteration in the Chaks of parties.

(2.) DISPUTES relates to the allotment of Chaks on land situated in Village Kuandev Chandpatti, Pargana and Tehsil Sagari, District Azamgarh. Petitioner is Chakholder of Chak No. 133 and Contesting Opp. Party is Chakholder of Chak No. 199.

(3.) CONSIDERED arguments of learned counsel for the parties. The first argument that the impugned order was passed ex parte is unsustainable, in view of the admitted fact that Bhola Rai and Kishundeo Rai both are co-chak-holders and Kishundeo Rai was heard, who also signed order-sheet to acknowledge his participation before Deputy Director of Consolidation coupled with the fact that Sun of Kishundeo Rai is pairokar of petitioner-Bhola Rai. Kishundeo Rai and Bhola Rai were allotted one compact Chak. This fact is also proved that it is a proxy litigation. From perusal of the writ petition it is also clear that petitioner has not made any averment on fact of non- service of notices and a bald allegation of non-hearing without making any specific averment on fact cannot be accepted. The impugned order also makes it clear that it was passed after hearing both the parties. There is no illegality in the impugned order.