LAWS(ALL)-2013-12-61

AWADHESH KUMAR Vs. DY.DIRECTOR OF CONSOLIDATION

Decided On December 13, 2013
AWADHESH KUMAR Appellant
V/S
DY.DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) HEARD Sri R.C. Singh and Sri P.N. Tripathi, for the petitioners and Sri M.N. Singh, for the contesting respondents.

(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation (respondent -2) dated 04.05.2013 and Deputy Director of Consolidation (respondent -1) dated 01.11.2013, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) SANT Ram and Ram Chander were co -tenure holders in basic consolidation year khatas 40, 65, 167, 178 and 315 of village Asadh. Apart from khata 178, there was no dispute, in respect of the share of the co -sharers in other khatas. Total valuation of khatas 40, 65, 167 and 315 came in the shares of two brothers of Rs. 19.38 each. Separate chaks i.e. chak 315 was carved out in the name of Ram Chander and Chak 452 was carved out in the name of Sant Ram. As there was dispute in respect of the land of khata 178 as such a separate chak no. 453 was carved out of the land of this khata.