Allahabad High Court
Radhey Shyam vs Deputy Director Of Consolidation ... on 21 February, 2023
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- WRIT - B No. - 545 of 2023
Petitioner :- Radhey Shyam
Respondent :- Deputy Director Of Consolidation And 15 Others
Counsel for Petitioner :- Suresh Chandra Varma,Narendra Kumar,Satendra Kumar Singh
Counsel for Respondent :- C.S.C.,Ram Pratap Yadav,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the parties and perused the record.
In view of the peculiar facts and circumstances of the present case and order proposed to be passed herein under, this Court proceeds to decide this writ petition finally with the consent of learned counsel for the parties present without calling for their respective affidavits.
The instant writ petition is arising out of chak allotment proceedings. During provisional consolidation scheme, the petitioner has been proposed chak no. 239. Likewise Ram Samujh (father of respondent no.4 to 6) has been proposed chak no. 226. The Consolidation Officer while passing the order dated 28.08.1995 has decided several objections file on behalf of co-villagers including the parties. Having been dissatisfied with the order dated 28.08.1995, Ram Samujh (predecessor in the interest of the respondent nos. 4 to 6) has preferred appeal. Settlement Officer of Consolidation vide order dated 30.06.2000, has dismissed the appeal. Deputy Director of Consolidation, on revision being filed on behalf of the contesting respondents, has allowed the same.
It is submitted by learned counsel for the petitioner that plot no. 324 is the original holding of the petitioner, however, he has illegally been deprived of his original holding without assigning any cogent reason for the same.
On the contrary, learned counsel for the contesting respondents has contended that plot no. 324 is original holding of respondent no.4 to 6 and Deputy Director of Consolidation has rightly proposed the chak to them over plot no. 324.
Perusal of record reveals that there is a glaring contradictions with respect to plot no. 324 as to whom it belongs. The Settlement Officer of Consolidation, vide order dated 30.06.2000, has dismissed the appeal on the ground that plot no. 324 belongs to the petitioner, however in allowing the revision, the Deputy Director of Consolidation has given a finding that plot no. 324 belongs to the respondents.
In this backdrop of the factual dispute wherein both the courts have given contradictory finding qua plot no. 324. It is apposite to consider that while reversing the judgment passed by the Settlement Officer of Consolidation, Deputy Director of Consolidation has miserably failed to consider the finding returned by the Settlement Officer of Consolidation and has not reversed its findings with respect to plot no. 324.
At this juncture, it would not be befittingto make any comment as to plot no. 324 belongs to whom. It is a matter of adjudication, which could more appropriately be decided by the court competent.
In this conspectus, as above, I am of the considered view that this matter should be remitted back to the Deputy Director of Consolidation to reconsider the merits of the revision after taking into account the finding returned by the Settlement Officer of Consolidation.
Resultantly, instant petition succeeds and is allowed. The impugned order dated 06.12.2022 passed by the Deputy Director of Consolidation is hereby quashed. Revision is restored to its original number and the parties are relegated before the Deputy Director of Consolidation to get the revision decided as fresh after affording opportunity of hearing to the parties concerned and after considering the evidence on record. It is expected that the revision should be decided by reasoned an speaking order expeditiously, preferably within a period of three months from the date of production of a certified copy of this order. Both the parties are directed to appear before the Deputy Director of Consolidation concerned on 13.03.2023.
Order Date :- 21.2.2023
Ashish Pd.
