GOOSH MOHD Vs. DEPUTY DIRECTOR OF CONSOLIDATION FAIZABAD

JUDGEMENT

(1.) HEARD Sri Abhishek Pandey, learned counsel for petitioner, learned counsel appearing on behalf of respondents and perused the record.

(2.) FACTS in brief of the present case are that at the time when consolidation proceeding has started certain chaks were allotted to the petitioner. Aggrieved by the said allotment he filed an objection before the Consolidation Officer, Bikapur, Faizabad partly allowed by order dated 35.03.2012. So, the petitioner preferred an appeal, dismissed by order dated 31.03.2012, challenged by the petitioner by filing revision before the Dy. Director of Consolidation, Faizabad, dismissed by order dated 12.12.2012, thereafter, present writ petition has been filed by the petitioner.

(3.) LEARNED counsel for petitioner while arguing the present case submits that the petitioner's chak is open by chak road i.e. three sides, East, South and West side. Due to this fact the petitioner did not covered her land for agriculture works. Many villager's animal are spoiling and grazing in her agriculture land and disturbed the plants so agriculture work is not possible in this land, so by considering a chak road on the Gata No. 685 in chak 207 the petitioner's chak suffer loss because the chak road which is in the north and west of the petitioner's chak and after the petitioner's chak no other beneficiary of the same, so by means of the impugned order granting chak at Gata No. 685, the opposite parties have acted in an arbitrary manner, as such the impunged order liable to be set aside.