SATYA NARAIN Vs. RAM MANOHAR

JUDGEMENT

(1.) THE petitioners have challenged the orders passed by the Settlement Officer dated 23-2-1970 and that of the Deputy Direc tor of Consolidation dated 13-10-1970.

(2.) THE petitioner had filed objections with respect to initial allotment of Chaks and he claimed that he be given plots nos. 1446 and 1449 which were his original plots on the ground that they being nearer to his house could be utilized by him. The Consolidation Officer made a local inspection and after examining the petition allowed the objection on 14-2-1970 and allotted plots, nos. 1446 and 1449 in the Chak of the petitioner. This order is Annexure-2. One Ram Abhilakh perferred an appeal and the Settlement Officer ((Consolidation) vide his order dated 23-2-1970 disturbed the chak of the petitioner and reserved these plots for Abadi and instead gave him plot no. 1445. This order is Annexure-3. The petitioner went up in revision and the revision was dismisssed. The petitioner has now come up before this Court. The petition is not contested in spite of service.

(3.) THE result is that the petition succeeds and is allowed. The order dated 13-10-1970 passed by the Deputy Director of Consolidation is quashed. Let certiorari issue accordingly to cancel the original of the same. I further direct that the revision will be restored by the Deputy Director of Consolidation who after making the local inspection and considering the facts and circumstances may pass such order as he discuss necessary in accordance with law. Let mandamus issue accordingly. I, however, make no order as to costs.