PAN KUNWAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri L. P. Tiwari, learned Counsel for the petitioner and Sri Radhey Shyam, learned Counsel for the respondent No. 23.

(2.) THE undisputed facts are that in pursuance to an order of the Settlement Officer Consolidation dated 14-2-1966 a reference was prepared and forwarded to Deputy Director of Consolidation which was accepted by him on 21-12-1973. THE petitioner and other affected persons had no notice or knowledge of the said proceedings. THE order dated 21-12-1973 was recalled by the Deputy Director of Consolidation on 14-10-1981 on the application made by certain. Fresh notices were issued. In response thereto the petitioner and others filed objection. It was stated by the petitioner in his objection that after finalisation of chak allotment proceedings she has constructed a house, Nad, baithaka etc. over the area 1-0-10 of plot No. 912 which was allotted in her chak and the same is being used as abadi as such is not liable to be taken out from her chak. THE Deputy Director of Consolidation vide impugned order dated 20-12-1982 rejected the objection and again accepted the reference.

(3.) A perusal of the impugned order goes to show that the Deputy Director of Consolidation has failed to consider the specific objection raised by the petitioner that she has made construction over the area of plot No. 912 allowed in her chak and the same is being used as abadi. Undisputedly, the allotment of chak in favour of the petitioner was finalised at the stage of Deputy Director of Consolidation in the year 1968. The reference proceedings were started in 1972. Changes or developments made by the petitioner on her chak were liable to considered by the Deputy Director of Consolidation while making adjustment in reference proceedings.