RAM DAS Vs. DEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the prayer is that a writ of Certiorari may be issued quashing the, order dated 10th September, 1992, passed by the Deputy Director of Consolidation (Annexure-4 to the petition).

(2.) Counter and rejoinder affidavits have been exchanged between the parties. Learned Counsel for both the parties have suggested that the Writ Petition itself be decided on merits. Consequently the arguments were heard and the petition is being disposed of on merits.

(3.) The Petitioner was aggrieved by the order of the Settlement Officer Consolidation. Consequently he filed a revision, whereas the other Respondents including Respondent No. 12 to 14 have also filed revision. All these revisions were consolidated together and were disposed by a common judgment dated 10-9-92, The revision of Petitioner Ram Das, Chak Holder No. 183 was dismissed on the ground that as his co-sharers Chak Holder Nos. 155 and 46 having been given Chak over Plot No. 195, consequently it was not possible to allot the Petitioners the Chak over Plot No. 195. However, while considering the grievances of other chak holders in Revision No. 506, 576, 526, 525 and 479 etc. the Petitioner was adversely affected and his Chak over Plot No. 404 was removed and he was given Chak on another plot, more inconvenient to the Petitioner.