High Court of Judicature at Allahabad
Case Law Search
Bala Din v. D.D.C. - WRIT - B No. - 12978 of 1984  RD-AH 16645 (12 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Civil Misc. Writ Petition No. 12978 of 1984
Baladeen ......... Petitioner
The Deputy Director of Consolidation, Allahabad
and others . ... ... ... ... ... Respondents
Hon'ble Janardan Sahai, J
Sri Siddharth Singh counsel for the petitioner and Sri A.N. Mishra counsel for the respondents states that the controversy is in this case is covered by decision in writ petition no. 13137 of 1984
By an order dated 2.9.1974 nine revisions were decided by the Deputy Director of Consolidation, Allahabad - copy of the order has been filed as Annexure-1 to the writ petition. The order indicates that the Deputy Director of Consolidation has directed certain modifications to be made in the chaks. In consequence of the order of the Deputy Director of Consolidation a Sanshodan Talika was prepared. It appears that some tenure holders whose chaks were shown to be affected by the Sanshodan Talika prepared in consequence of the order of the Deputy Director of Consolidation were dissatisfied and consequently they moved an application under Section 48 (3) of the U.P. Consolidation of Holdings Act for modification of the Sanshodan Talika to make it consistent with the directions contained in the body of the order of the Deputy Director of Consolidation. The Deputy Director of Consolidation by his impugned order dated 17.7.1984 has allowed the application. The Deputy Director of Consolidation found that there were indeed certain changes made in the Sanshodhan Talika which are not in accordance with the direction contained in the body of the order dated 2.9.1974. In his impugned order the Deputy Director of Consolidation has made specific reference to certain chaks which have been shown to be affected in the Sanshodhan Talika although there was no direction for affecting those chaks in the body of the order daed 2.9.1974 - these are Chak Nos. 173, 256 and 276. The Deputy Director of Consolidation directed the Settlement Officer, Consolidation, to prepare a Sanshodan Talika and to submit it along with his report to the Deputy Director of Consolidation.
It was submitted by the petitioner's counsel that the respondent No. 2 have been affected by the directions in the body of the order of Deputy Director of Consolidation dated 2.9.1974 and therefore the Sanshodan Talika was rightly prepared. It is not necessary to go into this question in this writ petition as this is the exercise which is being done by the Deputy Director of Consolidation in pursuance of the impugned order. If the respondents have been affected by the directions in the body of the order the Sanshodan Talika would have to be prepared with the direction contained in the body of the order. No ground for interference has been made out. The Deputy Director of Consolidation shall try to decide the matter expeditiously and if possible within a period of six months from the date a certified copy of this order is filed before him by either of the parties.
With these directions, this writ petition is disposed of.
Double Click on any word for its dictionary meaning or to get reference material on it.