NARESH CHAND TYAGI Vs. DDC

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order dated 29.12.2001 passed by the Deputy Director of Consolidation in proceedings for allotment of chaks. Petitioner, Chak Holder No. 218 and the respondent, Chak Holder No. 244 are real brothers. The dispute primarily in the writ petition pertains to Plot No. 110 which is the original holding of the parties and this original holding has been allotted in the chak of the petitioner by the impugned order.

(2.) I have heard the learned counsel for the parties and have perused the record.

(3.) THEREAFTER during proceedings for allotment of chak, the Assistant Consolidation Officer proposed three chaks to the petitioners. An objection was filed under Section 21 praying that the number of chaks proposed to the petitioner be reduced two. The Consolidation Officer by his order dated 29.2.2000 allowed the objection of the petitioner, abolished the third chak allotted to him on Plot No. 241/2 and adjusted the area in the second chak. Against the order passed by the Consolidation Officer the contesting opposite party preferred an appeal which was dismissed vide order dated 9.8.2000. The appellate order was challenged by Balesh Chandra, the contesting respondent, by means of a Revision No. 106/168/456 under Section 48 of the U.P. Consolidation of Holdings Act. The Deputy Director of Consolidation by the order impugned dated 29.12.2001 allowed the revision whereby the petitioner has again been allotted three chaks. Being aggrieved the instant writ petition has been filed.