BADRI PRASAD Vs. SMT. BARKO AND ORS.

JUDGEMENT

(1.) THIS is a petition for certiorari to quash an order passed by a Joint Director, Consolidation. It came up for hearing before our brother Beg who referred it to a larger bench because of the submission made to him by counsel that Roop Narain v. State, 1962 AWR 727 might require reconsideration or clarification. The impugned order of the Joint Director is one rejecting an objection of the Petitioner against valuation of some plots proposed to be given in his chaks.

(2.) A consolidation scheme under Section 13 consists of the statement of principles, the statement of proposals, the statement of valuation of plots referred to in Section 13 -C and such other statements as may be prescribed. Under Section 13 -Can Assistant Consolidation Officer is required to prepare in respect of each plot in the unit under consolidation a statement showing its valuation, valuation of the trees, wells and other improvements existing on it, the details of blocks etc. Under Sub -section (2) the statement is to be published in the unit and the relevant extract therefrom is to be "issued to each tenure holder along with notice inviting objections against the entries in the extract." Under Sub -section (3) "every tenure -holder to whom an extract has been sent under Sub -section (2), and any other person likely to be affected thereby, may, with' in 21 days of publication of the statement of valuation of plots, file objections thereon before the Assistant Consolidation Officer." If any objection is filed under these provisions it is to be disposed of by a Consolidation Officer and there is a right of appeal from his order. Whatever order is passed by the appellate authority is final vide Sub -section (5). The notice that is issued to a tenure -holder under Sub -section (2) requires "any person interested to the objection disputing the correctness of any entry with regard to valuation....shown in the statement attached". A statement of principles is prepared under Section 14 and there are provisions for objections and appeals. A statement of proposals is prepared under Section 19 and there are provisions for objections against it. Section 23 deals with confirmation of the statement of proposals and Section 18 with confirmation of the statement of principles; there is no provision for confirmation of the statement of valuation of plots. 3. The Petitioner filed an objection under Section 13 -C(3) only in respect of the valuation of plot No. 728 which adjoined his holding; he did not file any objection about the valuation of plots Nos. 724, 725 and 727 belonging to opposite parties Nos. 1 and 2, tenure -holders. When in the statement of proposals plots Nos. 724, 725 and 727 were given in his chak he objected to their valuation on the ground that it was exaggerated. The objection was allowed by the Consolidation Officer and the Deputy Director but has been rejected by the Joint Director on the ground that it was barred by Section 13 -C(3).