SHYAM BEHARI Vs. DEPUTY DIRECTOR OF CONSOLIDATION HARDOI

JUDGEMENT

(1.) AGAINST the proposed allotment of chaks, the petitioner filed an objection under Section 19 of the U. P. Consolidation of Holdings Act (hereinafter to be referred as an 'Act') before the Consolidation Officer. The claim of the petitioner was that plot No. 651 was his largest and most fertile holding with a private source of irrigation, therefore, he be allotted chak on the said plot. The Consolidation Officer vide its judgment and, order dated 17.6.2002 allowed the claim of the petitioner and he was allotted two chaks, i.e., one at plot No. 651 and the order at plot No. 526. Both the said chaks were carved out at the original holdings of the petitioner. Still not satisfied he approached the opposite party No. 2 in appeal under Section 21 of the Act. The Settlement Officer, Consolidation vide its judgment and order dated 3.5.2003 dismissed the appeal on the ground that since the claim of the petitioner has been allowed and he has been allotted two chaks at his original holdings, therefore, there was no ground for any interference in the order passed by the Consolidation Officer.

(2.) BEING aggrieved against the order of dismissal of appeal, the petitioner filed a revision under Section 48 of the Act. The opposite party No. 1 vide judgment and order dated 7.1.2004 dismissed the Revision and reiterated the findings of the Consolidation Officer and the Settlement Officer, Consolidation. It is against the said orders passed by the Consolidation Authorities, that the petitioner has approached this Court through the present petition under Article 226 of the Constitution of India.

(3.) SECTION 19 of the Act is reproduced hereunder :