Court No. - 5 Case :- WRIT - B No. - 69310 of 2009 Petitioner :- Smt. Shanti Devi Respondent :- Deputy Director Of Consolidation And Others Petitioner Counsel :- Ashok Gupta Respondent Counsel :- C.S.C.,Anuj Kumar,Rishikesh Tripathi Hon'ble Sabhajeet Yadav,J.
By this petition, the petitioner has challenged the order dated
8.9.2009 passed by Deputy Director of Consolidation, Banda in
Revision No.2 Jaswant Singh Vs. Shanti Devi and others and
Revision No.18 Rambabu Singh Vs. Shanti Devi and others.
It appears that against the order of Consolidation Officer dated
23.3.2005 the respondents Jaswant Singh and Rambabu Singh
have preferred appeal, which was dismissed by Settlement Officer
of Consolidation. Thereafter they preferred aforesaid revisions
before Deputy Director of Consolidation, Banda. Vide order dated
23.3.2005 on demand made by Jaswant Singh S/o Raj Bahadur his
original plot no.1489/2 area .246 hectare was excluded from the
consolidation operation, as it was marked as not useful to be
included in chak. The aforesaid order has been affirmed by the
Deputy Director of Consolidation vide impugned order by setting
aside the judgement and order passed by Settlement Officer of
Consolidation. But the grievance of the petitioner is that while
passing the order dated 23.3.2005 neither the Consolidation
Officer nor while upholding the said order the Deputy Director of
Consolidation in the impugned order dated 8.9.2009 has taken care
of allottees of plots no.1489/2 area .246 hectare and did not deal
her case and did not make any adjustment in respect of the changes
made in the consolidation scheme. Learned counsel for the
petitioner has submitted that on account of exclusion from the plot
no.1489/2 area .246 hectare from the consolidation proceeding or
from the chak, the chak of petitioner has been reduced, as the
aforesaid plot was included in the chak of respondents by the
consolidation authorities, therefore, she ought to have been
compensated somewhere else to the extent of the reduction of area
of her chak on account of exclusion of aforesaid area of plot
no.1489/2.
The submission of learned counsel for the petitioner appears to be
correct and has to be accepted. Accordingly, the order dated
23.3.2005 passed by Consolidation officer and order dated
8.9.2009 passed by Deputy Director of Consolidation stand
modified with further addition that after exclusion of the aforesaid
plot no.1489/2 area .246 hectare from the chak of the petitioner she
shall be given chak to the extent of aforesaid valuation either on
the place of her existing chak by making necessary adjustment and
modification in other chak holders or somewhere else in Bachat
land. Therefore, the order dated 23.3.2005 passed by
Consolidation Officer and order dated 8.9.2009 passed by Deputy
Director of Consolidation stand modified to that extent only.
However, it is needless to say that the rest of the order in
connection of exclusion of the aforesaid plot no.1489/2 area .246
hectare by Consolidation Officer and upheld by the Deputy
Director of Consolidation shall remain intact and do not call for
any interference.
With the aforesaid observation and direction, writ petition stands
disposed of.
Order Date :- 6.1.2010
SL