Consolidation matter where petitioners' chak allotment was disturbed by a revisional order despite no appeal against their original allotment. Court issued notice to respondents, listed for January 2025, and directed parties to maintain status quo till next date.
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Court No. - 4
Case :- WRIT - B No. - 1164 of 2024
Petitioner :- Vikram Singh And 3 Others
Respondent :- Dy. Deputy Director Of Consolidation, Hardoi And 4 Others
Counsel for Petitioner :- Anurag Narain Srivastava,Pawan Kumar Verma Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Rajnish Kumar,J.
Heard, Shri Anurag Narain Srivastava, learned counsel for the petitioners, learned Standing Counsel for opposite party no.1 and 10 and Shri Dilip Kumar Pandey, learned counsel for opposite party no.9.
Learned counsel for the petitioners submits that during consolidation proceedings the petitioners were allotted the Chak No.563 with Gata Numbers 675, 678, 679 and 682 by means of order dated 30.03.2017. No appeal was filed against the allotment made to the petitioners. However certain appeals were filed against the said order, but the order passed in favour of the petitioners was not challenged. The said appeals were partly allowed by means of the order dated 27.02.2021, contained in annexure no.6 to the writ petition. Challenging the same a revision was filed by Nek Ram impleading the petitioners and another revision by Daya Ram impleading the petitioners challenging the orders passed by the Settlement Officer Consolidation and the Deputy Director of Consolidation, while deciding the revisions by the impugned order dated 27.04.2024 consolidated both the revisions and passed the order disturbing the chak of the petitioners and in place of Gata No.678 and 679 a separate chak has been allotted on Gata No.670, whereas since the order of the Consolidation Officer passed in favour of the petitioners was not challenged, the allotment made in favour of the petitioners could not have been disturbed. It is also creating the difficulty in maintaining
two chaks and irrigation of the same.
The matter requires consideration.
Issue notice to respondents no.2 to 8 returnable at an early date.
Steps to be taken within a week.
List with service report in the month of January, 2025.
Till the next date of listing status quo, as it exists today, shall be maintained by the parties.
...................................... .(Rajnish Kumar,J.) Order Date :- 29.11.2024 Banswar
Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioners' chak allotment, unchallenged in appeal, could be disturbed in revisions decided by the Deputy Director of Consolidation?
Vikram Singh And 3 Others
Dy. Deputy Director Of Consolidation, Hardoi And 4 Others
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
