Ramesh Kumar Singh vs Deputy Director Of ...
2023 Latest Caselaw 12632 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 137 of 2023
 

 
Petitioner :- Ramesh Kumar Singh
 
Respondent :- Deputy Director Of Consolidation,Ambedkar Nagar And 3 Others
 
Counsel for Petitioner :- Yogesh Singh
 
Counsel for Respondent :- C.S.C.,C.S.C.,Kailash Chandra,Sanjay Singh
 

 
Hon'ble Saurabh Lavania,J.

Heard.

By means of present petition, petitioner has impeached the order dated 19.11.2022 passed by the respondent No.1-Deputy Director of Consolidation, Amebdkar Nagar.

As per impugned order, the petitioner and private opposite party No.4-Shayma Devi, who are co-sharer, would get share over the road adjacent to Gata No.882/2 M and each party would get 0.252 Hect. over the same. Admittedly, both the parties are co-sharers and as per the principle settled by the Hon'ble Apex Court as also in view of the Principle related to allotment of Chak under Section 19 of the U.P. Consolidation of Holdings Act, 1953, co-sharer is entitled to share over the original Gata.

This Court, after considering the aforesaid as also the judgment of Hon'ble Apex Court passed in case of Hansraj vs. Mewalal & Others: 2019 (142) RD 812, is not inclined to entertain the present petition challenging the order dated 19.11.2022, which to the view of this Court, is justified. Accordingly, the writ petition is dismissed.

Order Date :- 24.4.2023

Vinay/-