CHANDRIKA RAI Vs. DEPUTY DIRECTOR OF CONSOLIDATION GHAZIPUR

JUDGEMENT

(1.) Present petition is directed against the judgment and orders dated 12-3-1992 and 20-11-1992 passed by Settlement Officer, Consolidation Ghazipur and Dy. Director of Consolidation Ghazipur respectively, the genesis of which is owed to the proceedings for allotment of Chak under Section 20 of the U.P. Consolidation of Holdings Act, 1953 (in short the 'Act'). It would transpire that the respondent No. 4- Rishikesh was not provided with the facility of a Chak road to facilitate his access to his chak and accordingly, on publication of statement of proposal, he filed objection under Section 20 of the Act staking demand to the facility of a Chak road and upon the objection, being rejected by the Consolidation Officer, the respondent No. 4 preferred, an appeal before the Settlement Officer, Consolidation under Section 21 of the Act reiterating his demand which has been summed in the appellate order in the following words :-

(2.) The Settlement Officer, Consolidation undertook a local inspection and ordered that -

(3.) Sri Sankatha Rai, learned Counsel appearing for the petitioner assailed the impugned orders on the solitary ground that Chak roads in the Unit having already been provided for, in the statement of principles prepared by the Asstt. Consolidation Officer, in consultation with the Consolidation Committee under Section 8A of the Act and the location of the same having not been demurred to under Section 9 of the Act, the matter attained finality under sub-section (3) of Section 9B and any demand under Section 28 for any other Chak road not already provided for in the statement of principles, being not comprehended by the Act, the Settlement Officer, Consolidation acted illegally and without jurisdiction in making provision for a chak Road while deciding the appeal under Section 21 of the Act preferred by respondent No.4. Elaborating his submissions, Sri Sankath Rai urged that the Consolidation authorities, while entertaining objection, appeal or revision in respect of allotment of Chaks, have, in fact, no jurisdiction to make provision for a Chak Road not already provided for, in that, the claim if any, for a Chak road is entertainable only in proceeding under Section 9 read with Section 9B of the Act and if no objection is filed under Section 9(2) against the statement of principles drawn under Section 8A, the same becomes final under Section 9B(3) of the Act; not open to challenge at the stage of disposal of objection, appeal or revision arising out of proceeding for allotment of Chak.