GAON SABHA (GRAM PANCHAYAT) VILLAGE MANAI, TEHSIL CHUNAR, MIRZAPUR Vs. DEPUTY DIRECTOR OF CONSOLIDATION, MIRZAPUR AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for parties.

(2.) Facts, giving rise to the present dispute, are as under: An objection was filed by contesting respondents No. 3 to 5 under Sec. 20 of the U.P. Consolidation of Holdings Act claiming that chak-road and chak-nali has been carved out in between their chaks and same may be shifted towards northern side of plot No. 35 in order to maintain compactness of chaks. Consolidation Officer vide order dated 13.12.2000 dismissed their objection on the ground that since chak-road is linked with other chak-road situate on eastern side as such it would not be appropriate to change the position of chak- road. Contesting respondents No. 3 to 5 filed an appeal challenging the said order. Settlement Officer Consolidation vide order, dated 25.1.2003 allowed the appeal. Against the said order, petitioner-Gaon Sabha filed recall application on the ground that relief in appeal was only with regard to nali whereas chak-road has also been, disturbed without there being any demand or opportunity of hearing as such the order may be recalled. Settlement Officer Consolidation vide order dated 25.6.2004 again allowed the appeal and shifted the position of chak-road. Not satisfied with the appellate order, respondent No. 3 filed a revision. Deputy Director of Consolidation vide impugned order dated 18.10.2004 allowed the revision, set aside the order of Settlement Officer Consolidation and maintained the earlier order dated 25.1.2003. Aggrieved by the same, petitioner-Gaon Sabha has approached this Court

(3.) It has been urged by learned Counsel for petitioners that without there being any relief claimed by contesting respondents with regard to chak-road, Settlement Officer Consolidation and Deputy Director of Consolidation could not have disturbed the chak-road. It has further been urged that Consolidation Officer after making spot inspection rejected the claim of respondents for shifting chak-road on the ground that since it is linked with other chak-road situate in eastern side, it would not be appropriate to make change in the chak-road. Without considering the said finding based on spot inspection, Settlement Officer Consolidation as well as Deputy. Director of Consolidation have sifted chak-road without considering the loss and inconvenience which will be caused to the entire village.