Court No. - 5 Case :- WRIT - B No. - 19503 of 2010 Petitioner :- Varun Kumar And Another Respondent :- Deputy Director Of Consolidation And Others Petitioner Counsel :- Nipun Singh Respondent Counsel :- C.S.C.,Ramesh Pundir,Rekha Pundir Hon'ble Sabhajeet Yadav,J.
In pursuance of earlier direction given by me Sri Ashok Kumar, Dy. Director
of Consolidation, Muzaffarnagar is present before the Court. He has also filed
counter affidavit alongwith sketch map.
From the perusal of sketch map filed alongwith said counter affidavit it
appears that at the stage of Assistant Consolidation Officer and Settlement
Officer of Consolidation the petitioner no.1 namely Varun Kumar’s chak was
not bifurcated and he was allotted chak at plot no. 1374 and the chak of
respondent Atma Ram etc. was given over plot no. 2260 but on account of
adjustment and allotment made by Dy. Director of Consolidation, the chak of
petitioner which is chak no. 817 has been bifurcated by sector road as a result
of which unduly long strip has been prepared by Dy. Director of
Consolidation which has become uncultivable. Besides this, on account of
such adjustment made by Dy. Director of Consolidation the petitioners also
suffer and face difficulty in cultivation of their chaks.
In this veiw of the matter, in my opinion, the view taken by Dy. Director of
Consolidation vide impugned order making chaks between the parties appears
to be illegal and erroneous. Accordingly the order dated 30.4.2010 passed by
Dy. Director of Consolidation, Muzaffarnagar is hereby quashed.
Learned counsel for the petitioners pointed out that in case the allotment made
at the stage of Settlement Officer of Consolidation between the parties is
maintained, the petitioners’ chak would not be devided by aforesaid sector
line. Accordingly, I direct to maintain the allotment made by Settlement
Officer of Consolidation.
The writ petition succeeds and allowed.
Order Date :- 19.7.2010
LJ/-