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Ram Grih Yadav v. The Dy. Director Of Consolidation, Gorakhpur & Others - WRIT - B No. 12886 of 2006 [2006] RD-AH 5002 (2 March 2006)


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Hon'ble S.N.Srivastava,J.

This writ petition is directed against the order dated 30.11.2005 passed by Deputy Director of Consolidation, Gorakhpur dismissing revision filed by petitioner and affirming the order of allotment made upto the stage of Settlement Officer Consolidation.

Learned Counsel for the petitioner urged that petitioner is a transferee from Jang Bahadur Singh and Ram Rekha through sale deeds dated 15.7.96 and 15.7.96.  The land in dispute purchased through these sale deeds is situated on main road. The impugned order by which petitioner was not allotted the chak on main road  suffers from error of law apparent on the face of record and is liable to be quashed.

Heard learned counsel for the petitioner and perused the materials on record.

Petitioner has purchased shares of co-tenure holders in the land in dispute.  It is settled in law that each and every co-tenure holder is entitled to get every inch of the joint tenancy unless actual partition takes place either by way of family settlement or through a decree by the court. A co-tenure holder could transfer only his share in the joint tenancy.  The petitioner got sale deed executed from Ram Rekha and Jang Bahadur in his favour to the extent of their shares only. He is entitled to get shares of these two transferors in the land in dispute to the extent of their shares on main road also. The Deputy Director of Consolidation did not accept petitioner's contention on the ground that by way of sale deeds land in dispute purchased by petitioner is chak out and petitioner's   approach is   through this chak out land to his chak.  Nothing has been pointed out by the petitioner before this Court that he did not get even the shares  of Ram Rekha and Jang Bahadur, transferors of petitioner,  on the main road to the extent of their share also.

As in the present case no partition is proved, the petitioner cannot get benefit of specific area mentioned in the sale deeds on the main road.  He will get only shares of Jang Bahadur and Ram Rekha on the main road and not on the basis of specific portion mentioned in   the sale deed.

However, in case petitioner has still no approach land on main road to the extent of shares of Ram Rekha and Jang Bahadur, he may move an application before Deputy Director of Consolidation, Gorakhpur for allotment of land on main road   to the extent of shares of Ram Rekha and Jang Bahadur.

In view of the above, writ petition is dismissed with above direction.

Dt. 2.3.06



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