TRIVENI PRASAD DIXIT Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri R.R. Upadhyay for the petitioner and Sri Lakshman Singh for the contesting respondents. The writ petition has been filed against the order of Deputy Director of Consolidation dated 26.11.2010 and 18.7.2009 passed in chak allotment matters in U.P. Consolidation of Holdings Act.

(2.) THE dispute between the parties is in respect of allotment of chak on plot No. 824 which is neither the original holding of the petitioner nor the original holding of the contesting respondents. The petitioner states that plot No. 827 was his original holding and by the order of Deputy Director of Consolidation dated 18.2.2006 plot No. 824 was left as bachat land. He submits that as the second chak was allotted to him on plot No. 1081 which is at the distance of about 2 kms. of his first chak on plot No. 827 since the chak is adjacent to plot No. 824 which was lying as bachat land. The petitioner filed a revision before Deputy Director of Consolidation demanding for allotment of plot No. 824 in his chak and deleting his chak on plot No. 1081. The revision filed by the petitioner was allowed by the order dated 25.6.2009.

(3.) I have considered the arguments of the Counsel for the parties and examined the record. Supreme Court in Sneh Gupta v. Devi Sarup : 2009 (108) RD 191 (SC), held that when right has accrued to any party on the basis of decree of Trial Court the Appellate Court should not permit to withdrawal of the appeal and suit. As chak of the respondents 3 and 4 of the stage of Settlement Officer, Consolidation has already been disturbed by the order dated 18.2.2006, Deputy Director of Consolidation has to make fresh adjustment and allotment to them. Subordinate authority cannot make any adjustment after the order of Deputy Director of Consolidation. In the results the writ petition succeeds and is allowed. The orders of Deputy Director of Consolidation dated 26.11.2010 and 18.7.2009 are set aside. The matter is remanded to the Deputy Director of Consolidation, who shall decide the revisions of respondents -3 to 5 afresh after hearing the parties concerned in accordance with law.