TULSI RAM Vs. D D C AND ORS

JUDGEMENT

(1.) This writ petition has been filed to quash the order dated 27.10.2005, passed by Deputy Director, Consolidation, Gonda in Revision No. 1655/482, Under Section 48 of the Consolidation of Holdings Act and order dated 18.9.2003, passed by Settlement Officer, Consolidation, Gonda in Appeal No. 992 Under Section 21(2) of the U. P. Consolidation and Holding Act and order dated 4.4.2003, passed by Consolidation Officer, Rampur in Case No. 489 + 443, Under Section 20 of the above Act. Petitioner has also prayed for issuing mandamus commanding the opposite parties not to disturb his peaceful possession over the property in dispute.

(2.) As per petitioner's case, he was having single original holding Gata No. 270 measuring 2.28 acre, which falls on the road side and before the consolidation operation his chak was in squire shape but under the pressure of opposite party No. 5, Assistant Consolidation Officer has proposed the land of the petitioner as udan chak. He filed objection before the Consolidation Officer but Consolidation Officer has not considered his grievance and passed the order and allotted to him the chak at Gata Nos. 230-231-232 and 270. Aggrieved by the order, an appeal was filed before the Settlement Officer, Consolidation and a request was made that adjacent to the original holding of the petitioner's house was there and in the sahan of the house a boaring is already there which is being used by him for irrigation purposes of his field and market value of the land is more to the udan chak land allotted to him and barren land situated at the side of the pond which was less fertile land, allotted to him, but opposite party No. 2, Settlement Officer, Consolidation also has not considered his grievance and not allotted land to the petitioner as per his case.

(3.) Aggrieved by the order of Settlement Officer. Consolidation, he filed revision before the Deputy Director, Consolidation and his prayer was not considered by the Deputy Director, Consolidation.