Ram Cheez & Anr vs Sunder
2014 Latest Caselaw 3821 Del

          IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
            Writ Petition No. 420 of 2008 (M/S)
Ram Cheez and another                                .....Petitioners
                                Versus
Sunder
                                                 ..........Respondent

Present:

Mr. Nagesh Aggarwal, Advocate for the petitioners. Mr. Lok Pal Singh, Advocate for the respondent.

Hon'ble Alok Singh, J (Oral).

Present petition is filed assailing the judgment dated 30.1.2008 passed by the Deputy Director of Consolidation/Assistant Collectora, Ist Class, Haridwar.

Undisputedly, initially the Consolidation Officer was pleased to carve out chaks of the petitioners as well as that of the respondent in their original holdings, however, the Appellate Authority was pleased to make alteration therein. When matter went to the Revisional Authority i.e. Deputy Director of Consolidation, Deputy Director of Consolidation was pleased to restore the order of the Consolidation Officer, whereby chaks of both the parties were carved out in their original holdings.

The basic principle of consolidation is that chaks should be carved out, as far as possible, in the original holdings of the tenure holder. Since, chaks of both the parties were carved out by the Consolidation Officer, as upheld by the Revisional Authority, in theire original holdings, therefore, there seems to be no illegality or jurisdictional error in carving out the chaks in the original holdings of the parties.

Consequently, writ petition fails and is hereby dismissed.

(Alok Singh, J.) 20.8.2014 Avneet/