GAJRAJ SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Challenge in this petition is focused on the order dated 17.6.2003 passed by the Deputy Director, Consolidation, Bulandshahr by which the aforesaid authority amended the schedule and disposed of the revision without recording reasons in vindication of his conclusions.

(2.) The facts constituting grievance of the petitioner is that the Deputy Director Consolidation has erroneously pruned the area of plots of the petitioner ostensibly to size it up to the permissible extent of 25% by magnifying valuation of the plots 78/1, 78/2, 78/3 and 78/3 from 10 paise to 40 paise, from 10 paise to 30 paise and 10 paise to 30 paise and from 20 paise to 50 paise respectively. It would transpire from the record that initially, the petitioner was holding Chak No. 201. During consolidation operation, he was proposed two chafes. The first chak comprising in plot No. 545 which was the chak not forming part of his original plot. The second chak was proposed on his original holding, i.e., 71. It is alleged that the petitioner did not prefer any objection against allocation aforestated. The Consolidation Officer, it appears from the record, altered the adjustment and instead, the petitioner was allotted land comprising in plot No. 72/2 to the exclusion of the land comprising in plot No. 545. The Consolidation Officer made the change in Case No. 1423 in exercise of power under Section 21 (2). This change in adjustment according to the petitioner, led to accretion to the land of the petitioner. It is further alleged that respondent No. 4 who was the original tenure holder of plot No. 560, preferred a time-barred appeal before the Settlement Officer, Consolidation which did not find favour and ended up in being rejected by means of order dated 31.3.2003. Aggrieved by the aforestated order, the respondent No. 4 preferred revision before the Deputy Director, Consolidation and the impugned order passed therein furnished foundation to the institution of the present petition.

(3.) I have heard Sri S. N. Singh and Sri A. K. Rai, for the petitioner and Sri V. K. Singh, representing Gaon Sabha.