Allahabad High Court
Sharda Devi vs Dy. Director Of Consolidation Sambhal ... on 18 November, 2019
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - B No. - 63309 of 2013 Petitioner :- Sharda Devi Respondent :- Dy. Director Of Consolidation Sambhal And 17 Others Counsel for Petitioner :- K.D. Tiwari Counsel for Respondent :- C.S.C.,Raj Narayan,S.K. Tiwari Hon'ble Salil Kumar Rai,J.
Heard Shri Nar Singh Pandey, Advocate, holding brief of Shri K.D. Tiwari, learned counsel for the petitioner and Shri Sachin Kanojia, Advocate, holding brief of Shri S.K. Tiwari, Advocate, representing the respondents.
The present writ petition has been filed against the order dated 29.10.2013 passed by the Deputy Director of Consolidation, Sambhal, i.e., respondent No. 1 (hereinafter referred to as, 'D.D.C.') whereby the D.D.C. has disposed of Revision Nos. 253/383, 237/367, 388, 159/285 and 190/318 filed under Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') and amended the allotment of chak as made till the stage of Settlement Officer of Consolidation (hereinafter referred to as, 'S.O.C.') so as to allot Chakdar No. 423 a chak on his original holding containing his private source of irrigation. Through the order dated 29.10.2013, the D.D.C. has also affected the petitioner, i.e., Chakdar No. 804 and it has been alleged in the writ petition that the petitioner has been allotted Udan Chak and the area of the petitioner has been reduced adversely affecting the petitioner, who is a small tenure holder.
A reading of the order dated 29.10.2013 passed by the D.D.C. shows that while amending the alteration of chaks, the D.D.C. has considered the case of only Chakdar No. 423, but has not considered the hardship of the other tenure holders especially the hardship that would be caused to the petitioner, who is a small tenure holder.
For the aforesaid reasons, the order dated 29.10.2013 passed by the Deputy Director of Consolidation, Sambhal, i.e., respondent No. 1 is hereby set aside. The matter is remanded back to the Deputy Director of Consolidation, Sambhal, i.e., respondent No. 1 to pass fresh order in accordance with law within a period four months from the date a certified copy of this order is produced before him and after giving an opportunity of hearing to the affected parties. Till fresh orders are passed by the D.D.C., the parties shall maintain status quo regarding the disputed plots.
With the aforesaid direction, the writ petition is allowed.
Order Date :- 18.11.2019 Anurag/-