LAWS(ALL)-2009-11-59

AJMER SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On November 04, 2009
AJMER SINGH Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION, MUZAFFAR NAGAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri J.L. Patel, learned counsel for the respondents No. 2 to 4 and learned Standing Counsel.

(2.) As the pleadings are complete, on the request of learned counsel for the parties, the matter is being finally decided. There is also no dispute about certain facts and therefore, brief narration would suffice.

(3.) Prem Das, the father of the petitioner as well as respondents No. 2, 3 and 4 was the owner and in possession of the holding No. 1895 and after his death, the petitioner as well as respondents No. 2, 3 and 4 became heirs and joint owner of the said holding valued at 690.62 paisa, having1/4th share each. The Consolidation Officer, divided the aforesaid chak into four parts. Respondents No. 2 was not satisfied with the order of Consolidation Officer and as such he preferred an appeal claiming that he should be given his entire holding on plot No. 1530 and further he be given full valuation of the said plot and holding of respondent No. 2 was incorrectly valued, inasmuch, as holding of the respondent No. 2 was adjacent to the road side which was valued at lessor price whereas, petitioner holding was allotted far away from main road and valued at more price.