JOKHU Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) HEARD Sri Sharad Chandra Srivastava, learned Counsel for the petitioner and Sri Harish Chandra Dwivedi for respondents 4 to 6. This writ petition has been filed challenging an order dated 26.11.2014 passed by the Deputy Director of Consolidation, Varanasi and the order dated 17.10.2014 passed by the Settlement Officer, Consolidation, Varanasi.

(2.) IT appears that on an application filed under section 5 -C of the U.P. Consolidation of Holdings Act, the respondent No. 1, the Settlement Officer, Consolidation granted permission to the contesting respondents to raise constructions over a plot, which is admittedly chak out and is in the shape of an Abadi.

(3.) THIS revision has been dismissed by the Deputy Director of Consolidation on the ground that permission is required, only where the consolidation scheme is liable to be effected. He has further recorded that since the permission has been granted for raising constructions over an area, which was not part of the provisional consolidation scheme and, therefore, consolidation operations could not be effected thereby. He has lastly observed that the dispute appears to be one of the respective shares of the parties in this chak out plot, which dispute cannot be determined by the consolidation Courts.