RAM PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) RAM Prasad, petitioner challenges the order, dated 18th April 1984, passed by Deputy Director of Consolidation by means of the present writ petition.

(2.) THE facts of the case, as stated in the writ petition, in brief are that in proceedings before the Consolidation Authorities, an objection was filed by the petitioner in respect of plot no. 986 situate in the village Sisarshepah, Post Office Nasratpur, Pargana Sikandra, District Allahabad claiming that plot no. 986/1, area 2 Biswa 10 Dhoor belongs to him and, therefore, the aforesaid area be demarcated. THE petitioner further asserted that the area allotted to him was less than actual area. Bankey Lal, respondent no. 1 amalgamated 2 Biswa 10 Dhoor land, which was a chak land, in his chak and, therefore, this area should be excluded from the Chak of Bankey Lal.

(3.) AGGRIEVED by the order of the Deputy Director of Consolidation Sri Radhey Shyam, learned counsel for the petitioner assailed the impugned order on the ground that in plot no. 986/1 originally belongs to the petitioner prior to the consolidation operation on account of the fact that there are certain constructions of minor nature and a number of trees which were planted by the petitioner's father, this area was excluded from the consolidation operation as Achak land, and, after the decision by this Court the Deputy Director of Consolidation should have demarcated this area on the spot. He next pointed out that when the direction of this Court was to allot 2 Biswa, 10 Dhoor area to the petitioner as the same is Achak land from Bachat land, the grievance of the petitioner having been satisfied, petitioner has no concern nor he could make a claim that since the area of Bankey Lal is more than due to him, he should be allotted from his chak is erroneous and since it is an equitable order no interference is called for.