JAMUNA PRASAD Vs. D.D.C.

JUDGEMENT

(1.) Heard Shri Shashwat Srivastava, Advocate appearing under the authority of Shri U.S. Sahai, learned counsel for the petitioner and Shri Aditya Kumar Tiwari, learned counsel for the private respondent.

(2.) The petitioners have assailed the impugned orders dtd. 3/5/1980 passed by the Deputy Director of Consolidation, Faizabad rejecting the revision of the petitioners whereby the order passed by the Settlement Officer of Consolidation dtd. 4/8/1986 was affirmed and in turn the order dtd. 19/3/1977 passed by the Consolidation Officer has been upheld.

(3.) The matter in question relates to chak allotment. The petitioners had made the following demands: (i) Plots No. 4 and 28 were demanded by the petitioners to be allotted but instead they were given rights on Plots No. 142 and 145 despite Plot No. 4 was the largest plot and also had a tubewell which was the source of irrigation for the petitioners; (ii) some part of Plots No. 4, 10 and 14 was left for abadi. However, later, abadi was reserved as Plot No. 15. The petitioners also wanted that the valuation as made in respect of Plots No. 141, 142 and 145 may be taken from the petitioners and rather they may be accommodated with the said valuation in Plots No. 4 and 28 and if there was any surplus then the remaining be given on Plot No. 24; (iii) it was also stated by the petitioners that a chak road has been carved from part of Plots No. 4 and 28, the same may be removed and the chak road be taken out from the other plots; (iv) the petitioners also objected that the chak which was given to Bhagauti Deen on Plots No. 75 and 6, the same was also not appropriate and since the Plot No. 75 which belonged to the petitioner and was initially kept out from consolidation, it should be allotted to the petitioners.