TELHOO Vs. DY. DIRECTOR OF CONSOLIDATION AND ORS.

JUDGEMENT

(1.) HEARD Shri Arun Kumar Singh, learned Counsel for the petitioner and Shri Shamshad Ahmad holding brief of Shri Mahtab Alam, who has filed his appearance on behalf of the respondent No. 2 and learned Standing Counsel for the State -respondents as also respondent No. 4, the Deputy Director of Consolidation who has been impleaded in the writ petition by name also, and is represented by learned Standing Counsel. A counter affidavit filed on behalf of the respondent No. 2 is available on record.

(2.) THIS writ petition is directed against the order passed by the Deputy Director of Consolidation in revision No. 698 dated 16.8.1982 whereby a revision filed by the Pradhan of the Gaon Sabha has been allowed, the allotment of plot No. 266 in the chak of the petitioner has been set aside and the matter has been remanded back to the Consolidation Officer to allot equivalent valuation in the chak of the petitioner by drawing proceedings under section 42 -A of the Act.

(3.) SUBSEQUENTLY an objection under section 20 was filed by the petitioner claiming that this plot be allotted in his chak, as it is situated in front of his house. This objection was allowed by the Consolidation Officer vide order dated 20.2.1977. A recall application belated by three years and six months is said to have been filed by the Gaon Sabha for recalling of this order. The Consolidation Officer by his order dated 12.2.1981 dismissed the recall application on the ground of laches.