GOVARDHAN Vs. CHHOTKAU AND ANOTHER

JUDGEMENT

(1.) This petition has been filed challenging the order dated 20.12.1979 passed by the Joint Director of Consolidation, Gonda.

(2.) The ground on which the order passed by the Joint Director of Consolidation has been challenged, is that the claim which was allowed by the Settlement Officer Consolidation by way of appeal, has been set aside solely on the ground that there was variation of 58% in the area. Learned counsel for the petitioner submits that while doing so, the Joint Director of Consolidation has failed to take into consideration that the petitioner was required to be adjusted alongwith the co-sharer. The chak holders, namely, 107, 118, 131, 184 and 218 are co-sharer inter se. Learned counsel submits that while setting aside chak allotted to the petitioner, the Joint Director of Consolidation has failed to take into consideration that original holding of the petitioner, who happens to be a vegetable grower was near abadi, but he has been totally deprived of that land.

(3.) Further submission of learned counsel for the petitioner is that the petitioner has been given chak at a far of place. Learned counsel submits that the brother of the petitioner has been adjusted near abadi whereas he has been deprived of the said facility. The Joint Director of Consolidation has failed to take into consideration the aforesaid aspect and allowed the revision of respondent no.1.