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Rama Shanker Singh & Others v. The Dy. Director Of Consolidation, Mirzapur & Others - WRIT - B No. 31759 of 2006  RD-AH 13535 (17 August 2006)
Civil Misc. Writ No. 31759 of 2006
Rama Shanker Singh.....Petitioners
The Deputy Director of Consolidation, Mirzapur
Hon'ble Krishna Murari, J.
Heard Sri Shyam Narain Pandey, learned counsel for the petitioners and Sri M. N. Singh appearing for contesting respondent no.3.
This petition arises out of chak allotment proceedings. The dispute between the parties is in respect of plot no. 86. Both the parties are co-sharer having equal share in the said plot. During the chak allotment proceeding, part of the plot in dispute lying towards the road side was allotted in the chak of the petitioners. An objection filed by the contesting respondent no. 3 was dismissed by the Consolidation Officer against which he filed an appeal. The Settlement Officer Consolidation found that the father of the present petitioners namely Jokhu Singh who was brother and co-tenure holder of the contesting respondent has been exclusively allotted the area of the plot in dispute lying towards the road side. Accordingly, vide order dated 24.3.2006 he made adjustment and allotted the plot in dispute in the chak of both the parties in a manner that both the parties got the land on the road side. Aggrieved, the petitioners went up in revision which has been dismissed by the Deputy Director of Consolidation vide order dated 31st May 2006. The findings recorded by the Settlement Officer Consolidation have been confirmed by the Deputy Director of Consolidation in revision.
By the adjustment made by the Settlement Officer Consolidation which has been confirmed by the Deputy Director of Consolidation both the parties who are real brothers have been allotted chak in a manner that both of them have been given land on the road side, there appears to be no infirmity in the impugned orders which may call for any interference.
The writ petition accordingly fails and is dismissed.
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