HAR NARAIN SINGH Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This writ petition is directed against the judgment dated 18th February, 2003, allowing revisions of Sheeshpal and Devendra Singh, contesting opposite parties herein, granting the relief claimed by them for providing nail and chakroad up to the boundary of village Tana considering the, claim of chakholder of chak No. 1002 and other persons.

(2.) The relevant facts are that opposite party No. 2 Devendra Singh is chakholder of chak No. 420, opposite party No. 4 Sheesh Pal is chakholder of chak No. 1002. The petitioner is chakholder of chak No. 1159. Chak Nos. 1002 and various other chaks are situated at the border adjoining village Tana, chakholder of chak No. 1002 and chak No. 420 have raised their grievances before the Consolidation authorities for providing nalt and chakroad but no heed was paid to their request, hence they preferred appeal before the Settlement Officer, Consolidation. The Settlement Officer, Consolidation by the order dated 30.11.1998 in Appeal No. 127 dismissed the appeal as not maintainable on the ground that after transfer of possession, appellant has not raised any objection. He cannot get chakroad and nali after actual possession was handed over and his claim on merit is also not acceptable. He had already got nali and chakroad. In the revision preferred by Devendra Singh (opposite party No. 2) before the Deputy Director of Consolidation, his main grievance was that the nali provided to chakholders of chak Nos. 486, 201 and 1002 towards West is situated at low lying area and no irrigation is possible. Looking into the level of the land, nali should be constructed towards East of chak Nos. 1062, 1159, 1084 and East of chak No. 1044. His further ground taken in the revision was that the chakroad which was constructed towards North of chak No. 1044 East-West has not been linked with the chakroad of village Tana and there is distance of 5-6 lattha because of which this chakroad is incomplete and it does not connect the road of village Tana, therefore, this road may be connected. It was further mentioned in the memo of revision that after 2-2 chaks in the East of chak Ns. 1040 and 1084 in village Tana irrigation facility is available and the same may be made available to him and other chakholders as nali from village Tana upto chak Nos. 1084 and 1044 is already existing, same may be linked so that canal water may be used for irrigation purposes by other chakholders including contesting opposite party.

(3.) The Deputy Director of Consolidation made a spot inspection. He found that towards the boundary adjoining village Tana, the petitioner has constructed Dev Sthan in chak No. 1084 and 1159 and on the boundary of southern side of these chaks, he found poplar tress standing. He further found that chak of chakholder No. 1002 adjoins the boundary of village Tana but no irrigation facility is available. The Deputy Director of Consolidation by the judgment dated 18.2.2003 made provisions of irrigation facilities on the southern boundary of chak No. 201 up to chak No. 1002. This, according to the Deputy Director of Consolidation, will help other chakholders also including chakholder of chak No. 1062 whose nali was hanging. The Deputy Director of Consolidation has further passed order for linking nali towards northern boundary of chak No. 1044 and Southern boundary of chak No. 1159 protecting Dev Sthan of petitioner connecting the nali with the boundary of village Tana. Deputy Director of Consolidation has recorded a finding that this nali will connect chakholder of chak No. 420 with the boundary of village Tana and provide irrigation facilities to chakholder of chak No. 1002 also. On account of construction of nali, Chakroad Bachat land will be affected.