Satya Prakash Singh and Another vs Deputy Director of Consolidation and Others

Ram Surat Ram (Maurya), J.—Heard Sri Krishna Kumar Chaurasiya for the petitioner and Sri G.K. Gupta and Sri R.B. Yadav for the respondents. The writ petition has been filed against the orders of Consolidation Officer dated 11.2.2013, Settlement Officer, Consolidation dated 15.6.2013 and Deputy Director of Consolidation dated 27.9.2013, passed in chak allotment proceedings.

The dispute between the parties is in respect of chak on plot No. 501, which was the original holding of the petitioner and respondents-5 and 6. During consolidation, the petitioner was proposed chak No. 262, Surendra Prasad Singh (respondent-5) was proposed chak No. 480-A and Nagendra Prasad Singh (respondent-6) was proposed chak No. 183. A perusal of the map filed as Annexure-2 to the writ petition shows that in the southern and northern side of this plot, a chak road was carved out, while in the eastern side, a sector road as well as nali, were carved out. The chak of the petitioner is in the western side and the chaks of respondents-5 and 6 are in the eastern side, i.e. by the side of sector road. The petitioner filed an objection for allotment of chak to the parties in east-west, so that chaks of the co-sharers, may be connected with the sector road. The claim of the petitioner has been rejected by all the consolidation authorities on the ground that the chaks were craved out in view of their previous settlement and prior possession over the portions of plot No. 501.

The Counsel for the petitioner submits that the sector road was carved out in the eastern side, which is wider than the chak roads. He further submits that the nali is also by side of the sector road in the eastern side, as such, the petitioner has no facility of nali upto his chak.

So far as the claim of the chak by the side of sector road is concerned, the sector road has no importance so as to make the plots of commercial value, as such, the circular of Consolidation Commissioner, U.P. dated 26.5.1981 is not applicable in respect of the allotment of chak by the side of sector road, as the petitioner has access to go upto his chak.

So far as the chak nali is concerned, the DDC in his order has noted that there is a Government irrigation tap in the northern side of the chak of the petitioner, as such, the petitioner has irrigation facility from that point.

In such circumstances, the chak carvation proceeding is not liable to be interfered by this Court. The writ petition has no merit and is dismissed.