Bechai v. D.D.C.

Court No. - 22

Case :- WRIT - B No. - 7562 of 1985

Petitioner :- Bechai Respondent :- D.D.C. Counsel for Petitioner :- R.S.Misra, ,Arun Kumar Counsel for Respondent :- L.P.Tewari,A.K.Shukla,L.P.Yadav,S.C.,V.B.Khare

Hon'ble Salil Kumar Rai,J.

Heard Sri Arun Kumar, counsel for the petitioner and Sri A.K. Shukla, Advocate and Sri Prakash Chandra Tiwari, counsel for respondent nos. 3 and 4 and the Standing Counsel for respondent nos. 1 and 2.

The petitioner was tenure holder of Plot Nos. 618 (area 0.53 acres) and 2639 (area 0.60 acres). The total area of the original holdings of the petitioner was 1.13 acres. The total area of the original holdings of respondents was 31.28 acres. Plot No. 567M was the original holding of respondent nos. 3 and 4 and they had their source of irrigation on it. During the proceedings under Section 20 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as 'Act 1953'), the petitioner was allotted Chak No. 396 which consisted of Plot Nos. 507, 533, 534 and 567M and amongst other plots, the respondents were allotted a chak on Plot Nos. 2636, 2635, 2637, 2638 and 2639. Thus, one of the original holdings of the petitioner were allotted to respondent nos. 3 and 4 and Plot No. 567M, i.e., the original holding of respondent nos. 3 and 4 which included their private source of irrigation was allotted to the petitioner. In the process of allotment of chaks, the difference between the area allotted to respondent nos. 3 and 4 and the area of the original

holdings of respondent nos. 3 and 4 was more than 25%. The area of respondent nos. 3 and 4 was reduced by more than 25%. The area allotted to respondent nos. 3 and 4 was 22.37 acre while the area of original holdings of respondent nos. 3 and 4 was 31.28 acre. Aggrieved by the reduction of more than 25% area as originally held by the respondent nos. 3 and 4 and by the fact that Plot No. 567M which included the private source of irrigation of respondent nos. 3 and 4 was also allotted to the petitioner, the respondent nos. 3 and 4 filed an appeal under Section 21 of the Act, 1953 before the Assistant Settlement Officer of Consolidation, Kamgaon Gorakhpur, Shivir Maharajganj which was allowed by the Assistant Settlement Officer of Consolidation, Kamgaon Gorakhpur, Shivir Maharajganj vide his judgment and order dated 31.8.1982. Through his aforesaid order, the Assistant Settlement Officer of Consolidation re-arranged the chaks allotted to the petitioner and respondent nos. 3 and 4 and a chak on Plot Nos. 507, 533, 534 and 567M was allotted to respondent nos. 3 and 4 while chak on Plot Nos. 2636, 2635, 2638 and 2639 was allotted to the petitioner. Aggrieved by the aforesaid order of the Assistant Settlement Officer of Consolidation, the petitioner filed a revision under Section 48 of the Act, 1953 before the Deputy Director of Consolidation which was registered and numbered as Revision No. 1783 of 1981. The said revision was dismissed by the Deputy Director of Consolidation, District Gorakhpur, i.e., respondent no. 1 vide his judgment and order dated 28.3.1985. The orders dated 28.3.1985 passed by the Deputy Director of