LALLU Vs. D D C , MIRZAPUR AND ANOTHER

JUDGEMENT

(1.) Heard Sri M.L. Maurya, counsel for the petitioner and Sri Hari Shanker Mishra, counsel for respondent no. 2 as well as the Standing Counsel representing respondent no. 1.

(2.) Dissatisfied with the arrangement of chaks as made by the Assistant Consolidation Officer, respondent no. 2 filed an appeal before the Settlement Officer of Consolidation which was dismissed by the Settlement Officer of Consolidation vide his order dated 11.5.1993. Against the judgment and order dated 11.5.1993 passed by the Settlement Officer of Consolidation, respondent no. 2 filed a revision under Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as 'Act, 1953') before the Deputy Director of Consolidation, Mirzapur i.e. respondent no. 1 which was registered as Revision No. 100/127. Respondent no. 1 vide his order dated 15.10.2001 allowed the revision filed by the petitioner. The order dated 15.10.2001 passed by respondent no. 1 in Revision No. 100/127 has been challenged in the writ petition.

(3.) It has been argued by counsel for the petitioner that the arrangement of chaks as made by respondent no. 1 dislocates the petitioner from his original holding and is, therefore, prejudicial to the petitioner and respondent no. 1 should not have interfered in the judgment of the sub-ordinate consolidation authorities in a manner so as to dislocate the petitioner from his original holding. The argument of counsel for the petitioner is rebutted by counsel for respondent no. 2 stating that by the arrangement of chaks made by respondent no. 1 vide his order dated 15.10.2001, the petitioner has not been dislocated from his original holding and the order dated 15.10.2001 was passed by respondent no. 1 to facilitate ingress and egress of respondent no. 2 from her chak and her access to road from the other chak allotted to her and therefore, the order dated 15.10.2001 passed by respondent no. 1 is according to law and requires no interference under Article 226 of the Constitution of India.