BADRI PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION FAIZABAD

JUDGEMENT

(1.) Heard Sri Neeraj Pandey and Sri S.C. Tewari, learned counsel for petitioner and Sri M.A. Siddiqui, learned counsel for contesting respondent No.3, Om Prakash.

(2.) This writ petition arises out of consolidation proceedings pertaining to allotment of chaks. Petitioner is one of the four sons of Mishri Lal and opposite party No.3, Om Prakash is one of the three sons of Mewa Lal. Both Mishri Lal and Mewa Lal were real brothers. The main grievance, which has been raised by the petitioner is regarding plot No.389, area of which before start of consolidation was about 0.4 hectare. Against the order dated 06.06.2013 passed by the C.O. Herington Ganj, District Faizabad in Case No.8, opposite party No.3, Om Prakash filed Appeal No.523, Om Prakash Vs. Badri Prasad and others. S.O.C. Faizabad allowed the appeal on 22.08.2013 and modified the chaks as allotted by C.O. Against the said order, petitioner filed Revision No.834, Badri Prasad Vs. Om Prakash and others. D.D.C. Faizabad dismissed the revision on 30.10.2013, hence this writ petition.

(3.) The S.O.C. held that the C.O. had earlier made the changes in the chaks through order dated 21.05.2012, hence second alteration through order dated 06.06.2013 was not permissible. On this ground alone, appeal was allowed.