LALMANI Vs. DEPUTY DIRECTOR OF CONSOLIDATON BEHRAICH

JUDGEMENT

(1.) Heard Sri Mohan Singh, learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned counsel for the State.

(2.) Under challenge are the order(s) dtd. 29/7/1985 passed by the respondent No. 1Deputy Director of Consolidation, Behraich, 14/9/1985 passed by the respondent No. 2Settlement Officer of Consolidation, Behraich and 19/12/1985 passed by the Consolidation Officer.

(3.) The issue in the present petition relates to allotment of Chak(s) during consolidation proceedings. Record of the petition shows that the Assistant Consolidation Officer provided Chak(s) to petitioner (Lal Mani now Deceased) on the original holdings/gata(s) including Gata(s) No. 2916 and 2917 and further, the chak which was carved out by Assistant Consolidation Officer was in front of home of the petitioner. Respondent No. 3Consolidation Officer, Bhinga, DistrictBehraich vide his order dtd. 19/7/1985 provided Chak(s) to the private opposite parties in front of the house of the petitioner. Thus, the Consolidation Officer disturbed arrangement/allotment made by the Assistant Consolidation Officer. Being aggrieved, the petitioner approached the respondent No. 2Settlement Officer of Consolidation by way of filing the appeal under Sec. 21 of the U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953") and the same was dismissed vide order dtd. 14/9/1985. Thereafter, original petitioner (Lal Mani now Deceased) preferred the revision under Sec. 48 of the Act of 1953, which was partly allowed by the respondent No. 1Deputy Director of Consolidation, Behraich whereby he provided 250 Kadi to the petitioner over Gata Nos. 2916 and 2917.