SUBEDAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Shiv Shankar Prasad Gupta, the counsel for the petitioner.

(2.) The present writ petition has been filed against the order dated 25.9.2018 passed by respondent no. 1 in Revision No. 944.

(3.) The dispute in the present writ petition relates to allotment of Plot No. 104 which in the basic year records was recorded in the name of Gaon Sabha. The petitioner claimed a chak on Plot No. 104 on the ground that it was adjacent to his abadi in Chak Nos. 139, 149 and 150. The claim of the petitioner was partly accepted by the Deputy Director of Consolidation vide his order dated 27.2.1987 which was challenged by the predecessor of respondent nos. 4 and 5 in this Court through Civil Misc. Writ Petition No. 6866 of 1987. The writ petition was disposed of by this Court vide its order dated 5.2.2008 directing the Deputy Director of Consolidation to pass fresh orders after inspecting the plots. Consequently, the Deputy Director of Consolidation, i.e., respondent no. 1 inspected Plot No. 104 and prepared a report dated 5.10.2009. No objections were filed by the petitioner against the report prepared by the Deputy Director of Consolidation. Subsequently, the Deputy Director of Consolidation vide his order dated 31.10.2009 decided the Revision No. 944 after considering the claims of the parties to Plot No. 104. However, a recall application was filed by the petitioner as well as predecessor-in-interest of respondent nos. 4 and 5 for recall of the order dated 31.10.2009 and the said order was recalled by the Deputy Director of Consolidation, i.e., respondent no. 1. Finally, the respondent no. 1 by his order dated 25.9.2018 has decided the revision filed by the petitioner and has rejected the claim of the petitioner for allotment of chak on Plot No. 104. The order dated 25.9.2018 has been challenged in the present writ petition.