Court No. - 3 Case :- CONSOLIDATION No. - 9 of 2010 Petitioner :- Gur Sahai Respondent :- Deputy Director Consolidation Bahraich And Ors. Petitioner Counsel :- R.N.Tewari Respondent Counsel :- C.S.C.,Om Prakash Singh Hon'ble Shri Narayan Shukla,J.
Heard Mr.R.N.Tewari, learned counsel for the petitioner and Mr.Surya Kant
Singh, learned Advocate holding brief of Mr.O.P.Singh, learned counsel for
opposite party No.4 (Caveator).
The petitioner has challenged the order dated 4th of April, 2008, passed by the
Settlement Officer Consolidation, Bahraich in appeal No.476 as also the order
dated 22nd of October, 2009, passed by the Deputy Director of Consolidation,
Bahraich in Revision No.568.
The learned counsel for the petitioner submits that the petitioner as well as
opposite party No.4 are the real brothers and they are entitled for allotment of
chak of the same valuation, but the opposite party No.4 has been allotted the
chaks, in which all the tube wells are installed which were installed by the
them as well as by their ancestors and the petitioner has been deprived from
allotment of the chak on any of the tube well.
On the basis of the instructions of his client, Mr.Surya Kant Singh, learned
counsel for opposite party No.4 submits that the opposite party No.4 has no
objection if he is allotted a chak on Gata No.160 where he is already holding a
chak and for valuation of Gata No.160 the petitioner may be allotted chak at
Gata No.323 where one tube well is already installed.
The petitioner has no objection for any such adjustment.
Under the circumstances to this extent I hereby quash the orders impugned
and issue direction to the Consolidation Officer accordingly to allot 131 Are
area to the petitioner, which is allotted to him at Gata No.160 as per valuation
of chak of Gata No.323 on that very chak including the tube well installed
thereon so that the equitable balance can be maintained between the two co-
sharers. The order is issued to make the adjustment accordingly as per the
aforesaid agreement of the parties.
With the aforesaid observations and directions the writ petition is disposed of
finally.
Order Date :- 11.1.2010
Banswar