Court No. - 5 Case :- WRIT - B No. - 71644 of 2009 Petitioner :- Om Prakash Respondent :- Deputy Director Of Consolidation And Others Petitioner Counsel :- Ashish Agrawal Respondent Counsel :- C.S.C.,Sushil Pandey Hon'ble Sabhajeet Yadav,J.
Heard learned counsel for the petitioner and Sri A.P. Tiwari counsel
for the respondent no. 4.
It is not in dispute that the petitioner is having largest part of holding
at Plot No. 24 and 25. It is no doubt true that he is also co-tenure holder in
respect of original Plot No. 656 and 659 but his largest original holding is at
Plot No. 24 and 25 from where he has been shifted by the order of Settlement
Officer of Consolidation, Pilibhit and Deputy Director of Consolidation,
Pilibhit to another place where he has some original plots. The major portion
of the aforesaid plots no. 24 and 25 appears to have been allotted to Sri
Buddha Sen alongwith his original Plot No. 21 and measuring area about 10
bishwa.
It is pointed out by learned counsel appearing for Buddha Sen that he
has other original plots namely Plots No. 26, 27 and 28 besides plot no. 21.
The area of aforesaid Plots is about more than 3 bighas where he has been
shifted by Settlement Officer of Consolidation, Pilibhit and Deputy Director
of Consolidation, Pilibhit but the contention of learned counsel for the
petitioner is that at Plot No. 24 and 25 he has his largest part of holding about
6 bighas and that aforesaid plots have been given to Sri Buddha Sen and
petitioner has been given a Chak over Plot No. 655, 656 and 659 in lieu of
chak allotted by Consolidation Officer over Plot No. 24, 25 and 21. The
Settlement Officer of Consolidation has pointed out that in case the petitioner
Om Prakash is allotted aforesaid Plots No. 24 and 25, in that eventuality, the
chak of Buddha Sen could be Udan chak.
In my opinion, the view taken by Settlement Officer of Consolidation and
Deputy Director of Consolidation can not be sustained. Accordingly, the order
passed by Settlement Officer of Consolidation dated 22.6.2009 and order
dated 13.10.2009 passed by Deputy Director of Consolidation are hereby
quashed. Matter is remitted back to the Deputy Director of Consolidation to
decide the revision filed by the petitioner afresh after making local spot
inspection. While deciding the said revision the Deputy Director of
Consolidation shall see that largest part of original holding of the petitioner at
Plot No. 24 and 25 should be included in his chak and the necessary
adjustment shall be made by other chak holders who are not party here before
this Court, in case, the adjustment to be made by him so requires in such
eventuality he should hear the person likely to be affected by his order to be
passed in the revision filed by petitioner.
With the aforesaid observations and directions the writ petition stands
disposed of.
Order Date :- 5.1.2010
KKM