BUDH RAM Vs. ASSIT. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) AT the time of arguments no -one appeared on behalf of contesting respondents, hence, only the arguments of Shri R.N. Tilhari, learned Counsel for the petitioners were heard. This writ petition arises out of consolidation proceedings pertaining to allotment of chak and is directed against judgment and order dated 13.12.1979 passed by Assistant Director Consolidation (Gonda) in revision numbered as Case No. 138, Mohd Yusuf v. Abdul Razzaak.

(2.) THROUGH the impugned order chaks of both the petitioners who are real brothers and chakdar numbers 151 and 246 were disturbed. The revision was directed against order passed by Asstt. S.O.C. Gonda camp Atraula dated 2.5.1979 in Appeal No. 623. Revision had been filed by Mohd. Yusuf chakdar No. 184. Through order passed by S.O.C. challenged in revision, Mohd. Yusuf had been granted chak in Sector No. 1, 5 and 9. His grievance was that the chak which had been granted in Sector No. 1 was not to his liking and benefit and the same was having higher valuation which resulted in reduction in area and he had not been granted of his entire holdings, hence, it shall be shifted to Sector No. 23 as was done by A.C.O. It is noted in the impugned judgment that petitioners who were opposite parties in the revision contended that their chaks had been granted on their original holdings, hence, they should not be disturbed. The revisionist Mohd. Yusuf contended that better chak had been granted to the petitioners (as noted in the impugned judgment).

(3.) REVISION in chak matter can not be allowed just to satisfy the desire of the revisionist or anyone less. Petitioners had been granted chaks on their original holdings. Accordingly a very strong reason was required to disturb the same. Lower Revisional Court has not given any cogent reason to disturb their chaks.