MURLI Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri M.N. Singh, learned counsel for the petitioner and Sri D.P. Singh assisted by Sri Brijesh Kumar Pal, Advocate, learned counsel appearing for the respondents.

(2.) This writ petition has been filed by Murli, a tenure holder in village-Chak Gopalpur @ Ghanshyam Pur, Post-Karanjakalan, Tehsil- Sadar, District-Jaunpur, seeking to quash an order dated 05.10.1995, passed by Deputy Director of Consolidation in Revision No. 5299/432 under Section 48 of the U.P. Consolidation of Land Holdings Act (for short the act).

(3.) The case of the petitioner is that his original holding comprised of plot nos. 61/233, 61/3, 61/1 and 123. At the commencement of consolidation operations, one Bhirgu who held a contiguous plot to the petitioner's bearing No. 61/233, entered into a private settlement that was given effect to by the A.C.O. in the form of a proposal, by which, the entire area of Plot No. 61/230 held by Bhirgu that was his original holding and roadside land contiguous to the petitioner's Plot No. 61/233 was included in the petitioner's chak. In exchange, the petitioner gave away to Bhirgu in terms of the same private negotiation, his land comprised by Khasra No. 61/3 which was also roadside land. The petitioner was not at all aggrieved by the A.C.O.'s proposal and did not file any objections from the said proposal. Respondent nos. 4 and 5, Rajaram and Smt. Kewla Devi, who incidentally happened to be husband and wife but separate chak holders were aggrieved by the A.C.O.'s proposal. They filed objections under Section 20 of the Act with the Consolidation Officer. The Consolidation Officer rejected the objections preferred by respondent nos. 4 and 5 vide judgment and order dated 30 th April, 1994 being a common judgment and order disposing of a number of chak objections.