BAIDURRAHMAN @ OBEDURRAHMAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record. Heard learned counsel for the parties and perused the record.

(2.) The order impugned in the present writ petition are the orders dated 18.2.2009, 20.8.2009 and 27.11.2017 passed by the Consolidation Officer, the Settlement Officer Consolidation and the Deputy Director of Consolidation, District Siddharth Nagar; respectively.

(3.) The petitioners are chak holder no. 424. It appears that an objection was raised by the petitioners before the Consolidation Officer that the valuation of ten rupees from their first chak in plot nos. 938 and 941 be expunged and the said valuation be added in another chak comprising of Gata Nos. 705, 706 and 708 and the rest of the valuation be adjusted in a new chak in Gata No. 951. The said request of the petitioners was acceded to on the ground that other chak holders would be disturbed. It appears that an Appeal No. 314 was filed by the petitioners against the order dated 18.2.2009 passed by the Consolidation Officer finalising the provisional consolidation scheme on the ground that his chak prepared by the Assistant Consolidation Officer was disturbed by the Consolidation Officer though the petitioners did file any objection. It is contended in the memo of appeal that under the scheme prepared by the Assistant Consolidation Officer, the chaks were provided to him on their original holdings and as such the petitioners did plead for any change. The respondents, on the other hand, got certain plots of original holdings of the petitioners as 'Udan chak'. On account of alteration made by the Consolidation Officer, the petitioners got a chak at a much distance beyond the sector in which their other chaks are situated.