ISRAIL KHAN Vs. D. D. C.

JUDGEMENT

(1.) List revised. Learned counsel for the petitioner as well as learned Standing Counsel for the State-respondents are present. None is present for the private respondents. This Court, vide order dtd. 6/8/2024, has deemed the service of notice upon the private respondents sufficient.

(2.) The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dtd. 18/12/1989 passed by the Deputy Director of Consolidation (in brevity 'D.D.C.') partly allowing the revision No. 2701 filed on behalf of the present petitioner.

(3.) Facts culled out from the record are that instant writ petition is arising out of chak allotment proceeding. During provisional consolidation scheme, present petitioner has been proposed chak No. 48 at two places; first chak consists of plot Nos. 55, 66 etc. and second chak consists of plot Nos. 84, 85 etc. Grievance of the petitioner is that the Consolidation Officer has illegally allotted the area for drainage lane being plot No. 56 through his plot No. 55, therefore, area of drainage lane (plot No. 56) may be taken out and his chak over plot No. 55 may be carved out towards the western side of the drainage lane. The Settlement Officer of Consolidation (in brevity 'S.O.C.'), vide order dtd. 31/1/1989, has dismissed the appeal filed on behalf of the petitioner. Having been aggrieved with the order passed by the S.O.C., the petitioner has preferred revision. The D.D.C., vide order impugned dtd. 18/12/1989, has partly allowed the revision, which is under challenge before this Court.