NATTHU Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition is directed against judgment and order dated 5.1.1981 passed by. the Deputy Director of Consolidation, Jalaun at Orai in Revision No. 1056 under Sec. 48 U.P.C.H. Act Shanker Saran Vs. Chotey Lai and others. Through the said order, Chak of the petitioner has been drastically disturbed just to provide a Chak to respondent No. 2 Shanker Saran, who was revisionist before Revisional Court, near the chak of his brother and father . D.D.C. has got jurisdiction to readjust the Chaks if some fault has been committed by the Courts/authorities below in carving out the chaks. However, in exercise of revisional jurisdiction under Sec. 48 U.P.C.H. Act Revisional Court cannot readjust the Chak without finding some error in the Chaks allotted by the authorities below. Even if two types of Chaks are possible to be carved out, interference is not allowed for in exercise of revisional jurisdiction. Moreover, while allowing the revision the case of the petitioner who was respondent therein has not been considered. Without any rhyme or reason, Chak earlier allotted to respondent No. 2 has been given to the petitioner.

(3.) There is one more reason to allow this revision. By virtue of stay order granted in this wit petition on 20.2.1981 parties are in possession of chaks allotted to them before the impugned order was passed by the D.D.C. It is not desirable to change the position after 25 years unless there is something substantially wrong. I do not find that there was any such error in the orders passed by C.O. and S.O.C. which could warrant interference by D.D.C.