NIWAS Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By means of the present petition, the petitioner has assailed the judgment dated 20.5.2002 passed by the Deputy Director of Consolidation.

(2.) The main grievance of the petitioner is that the petitioner was not assigned any of the plots including plot Nos. 1598 and 1605 of valuation of 60 paise consisting in his original holding in contrariety of the conditions laid down in Section 19 (1) of the U. P. Consolidation of Holdings Act. It appears from the record that after the death of Ram Swarup, the father of the petitioner, the property devolved upon petitioner and respondents 8 to 10. During consolidation proceeding, the Assistant Consolidation Officer proposed plots which according to the petitioner were Udan chak. The father of the petitioner ventilated his grievance by way of objection before the Consolidation Officer seeking Chak on Gate No. 1598. It would appear that the petitioner was recipient of very nominal relief and hence appeal was preferred and thereafter the matter was taken in revision. The revisional court did not interfere with the orders impugned and hence the present petition has been instituted for the reliefs.

(3.) The arguments of the learned counsel revolves round the contention that the grievance of the petitioner has been dealt with scantily and no cogent and convincing reason has been assigned by any of the Courts and further that impugned orders have been passed in antagonism of the conditions envisaged in Section 19 (1) of the U. P. Consolidation of Holdings Act. Per contra, Sri Ramendra Asthana, learned counsel representing the contesting opposite parties canvassed that the orders do not suffer from any infirmity or error and the allocation of the chaks has been rightly made according to the need and necessity of the situation on the spot and having regard to the conditions envisaged in Section 19 (1) of the Act.