RAM SINGH Vs. NEKI RAM AND OTHERS

JUDGEMENT

(1.) THIS is a petition Under Article 226 of the Constitution of India and the prayer is that the order dated 11 -6 -1963 (Annexure C) passed by the Deputy Director of Consolidation, Meerut, be quashed by means of a writ in the nature of certiorari.

(2.) THE facts leading to this writ petition, briefly stated, are that consolidation proceedings started in village Chhapraula in district Meerut and the statement of valuation of plots was prepared sometime in the year 1962. The valuation of plot No. 2863 which belonged to opposite party No. 1 was reduced from 9 annas to 7 annas. The opposite party No. 1 did not file any objection at that stage. In the statement of proposals Under Section 20 of the Consolidation of Holdings Act plot No. 2863 was allotted to the Petitioner. Neki Ram (opposite party No. 1) filed an objection that the valuation of his plot had been lowered without any justification, with the result that he had been allotted land of less area than he originally possessed prior to the consolidation and that either the valuation of his plot No. 2863 be increased or the same be allotted to his chak. Both the Consolidation Officer and the Settlement Officer, Consolidation, rejected his contentions mainly on the ground that the allotment made was fair and no objection had been raised by him at the time the valuations were fixed. The opposite party No. 1 filed a revision application, and the Deputy Director of Consolidation, by his order dated 11 -6 -1963, accepted his prayer that plot No. 2863 be included in his chak on the ground that as a result of the consolidation the area which had been allotted to opposite party No. 1 had become less while the area which had been allotted to the Petitioner had increased. The result of the order of the Deputy Director of Consolidation was that plot No. 2863, which had been allotted to the Petitioner, was taken away from him and given to opposite party No. 1 to whom it originally belonged.

(3.) THE petition is opposed.