GANESH PRASAD Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri Raj Kumar Singh, learned counsel for the petitioner and Sri R.C. Singh for the contesting respondents. Since the counter and rejoinder affidavits have been exchanged, the matter is being heard and decided finally.

(2.) The writ petition arises out of proceedings for allotment of chaks and seeks quashing of the orders passed by the Consolidation Officer, the Settlement Officer Consolidation as also the Deputy Director of Consolidation on 10.10.2013, 04.06.2014 and 20.11.2014 respectively. The submission of learned counsel for the petitioner is that the dispute between the parties pertains to plot no.192 which is valuable road side land and is their joint holding as the contesting respondent purchased an undivided share of this plot by means of a registered sale deed on 03.06.1975. It is contended that at the Assistant Consolidation Officer stage, the petitioner had been proposed a chak abutting the road. However, on an objection filed by the contesting respondents, the Consolidation Officer shifted the petitioner way from the road side of plot no.192. The land abutting the road was allotted to the contesting respondents on the ground that he was in possession over this portion consequent upon a mutual partition between the parties which was admitted by the petitioner and his counsel.

(3.) Aggrieved by this order, the petitioner filed an appeal which was dismissed on the ground that the allotment was as per the possession of the parries. The consequential revision was dismissed on the finding that the respondent had purchased the land allotted to him by means of a registered sale deed.