DUKKHOO Vs. DY. DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Through this writ petition prayer for quashing the orders of Respondent Nos. 1 and 2 i.e. Deputy Director of Consolidation and Settlement Officer Consolidation has been made. Learned Counsel for the petitioner has clarified that the order of Deputy Director of Consolidation dated 28.1.1977 which is sought to be quashed is contained in Annexure-4. (The said annexure neither contains the names of parties nor revision numbers nor description of the Court at the top of it). Through the said order four revisions were decided i.e. revision Nos. 5281, 5104, 5105., and 5103 (as mentioned in the body of the judgment). First three revisions were dismissed. The last revision filed by contesting respondent Jata Shankar was allowed. (Jata Shankar in his revision had made a very limited prayer. His prayer was that even though 5.0.C. had on his demand, reduced the valuation of plot No. 78 from 14 annas to 2 annas but actual benefit on the basis of this reduction had not been granted to him and this change and its effect was not incorporated in the schedule to the judgment of 5.0.C. D.D.C. only corrected the schedule to give effect to the said reduction in valuation). Thereafter against the order of 5.0.C. dated 24.3.1976 through which several appeals were decided was challenged by the petitioner through revision No. 7000 alongwith delay condonation application which was rejected on 9.6.1978. Thereafter a restoration application was filed by the petitioner for recalling the order dated 28.1.1977 which was dismissed on 17.11.1979. All the above orders are challenged in this writ petition.

(3.) Complete copy of judgment of S.O.C. dated 24.3.1976 has been annexed as Annexure C.A. 1. Schedule (sansodhan talika) forming part of Revisional Court's judgment has been annexed as Annexure C.A.2. The Appellate Court on page-7 of its judgment, typed copy (C.A.-l), reduced the valuation of plot No. 78 from 14 annas to 2 annas. S.O.C. did not give any reason for this drastic reduction. It was done simply on the demand of the contesting respondent. It is clear from the sansodhan talika forming part of Revisional Court's order that an area of 1.14 acres was taken away from the petitioner's chak (chak No. 42) on the ground of reduction of valuation of plot No. 78 from 14 annas to 2 annas. Learned Counsel for the respondent has not been able to justify this drastic reduction in the valuation.