IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 4009 OF 2001 (M/S) Lokesh Kumar and another. ….……………………………..Petitioner. Versus The Deputy Director of Consolidation ………….Respondents. Mr. A.K. Sharma, counsel for the petitioners. Mr. H.M. Raturi, learned Standing Counsel for the respondent no. 1 and 2. Mr. Lok Pal Singh, learned counsel for the respondent no. 3. 29th July, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has challenged the judgment and order dated 12.5.2000 passed by the respondent no. 1 in Revision Nos. 248 and 273 (Annexure No. 9 to the writ petition) and also the judgment and order dated 31.12.1998 passed by the respondent no. 2 in Appeal No. 28 (Annexure No. 5 to the writ petition). 2. Facts of the case are that petitioner no. 1, petitioner no. 2 are chak holder of Chak No. 338 and 150 respectively. The respondent no. 3 is the Chak Holder of Chak Nos. 127 and 92 while the respondent no. 4 is Chak Holder of Chak No. 293. The original holding of the petitioner no. 1 is over Plot No. 425/2, 425/4, 440/2, 440/3, 443, 445/1, 445/2, 445/3, 337/2, 391/1, 391/2, 391/4, 393/4, 428, 337/1, 337/2, 337/3, 335/2, 335/1, 335/3, 335/4, 336/1, 336/2, 338/1, 338/2, 339/1, 339/2, 2 340, 341/1, 341/2, 352, 353, 354, 355, 356/2, 367/3, 382/3, 382/4, 382/2, 383/1, 384/1, 390, 392/2, 393/1, 426, 425/4, 429, 440/3, 441/3 and 428 area 1 Bigha 11 Biswa 10 Biswansi of the valuation of 141.06 Paisa. Thereafter, the Assistant Consolidation Officer allotted a single chak to the petitioner no. 1 over Plot Nos. 336/1, 337/2, 335/4, 337/1, 335/3 and 333/3. 3. Being aggrieved by the said allotment, the petitioner no. 1 filed an objection under Section 21(1) of the Act which was allowed by the Consolidation Officer and allotted Chak nos. 445/1, 445/2, 445/3, 446, 442, 440/1, 440/2, 440/3, 423, 441/3 and 441/2 area 1 Bigha 8 Biswa 8 Biswansi of the valuation of RS. 135.42 Paisa, against which, no appeal was filed. 4. The original holding of the petitioner no. 2 was over Plot Nos. 327, 329, 330, 331/1, 332/1, 333/1, 333/2, 333/3 and 334 area 12 Bigha 15 Biswa 13 biswansi of the valuation of Rs. 1150.42 paisa. At second place, the original plot of the petitioner no. 2 were Plot No. 308/2, 309, 310, 323, 324/2, 423, 424/2, 440/1, 440/2, 439, 442, 311, 338, 829, 330, 334, 357/1 etc. area 6 Bigha 19 Biswa 11 Biswansi of the valuation of Rs. 634.98 Paisa. Besides above original holding, the petitioner no. 2 was having original holding at three more places as a co- tenure holder with the petitioner no. 1. In Khata No. 149A the original plots were 425/1, 425/4, 440/2, 440/3, 443, 444, 445/1, 445/2 and 445/3 area 8 Biswa 2 Biswansi of the valuation of Rs. 86.08 paisa. In Khata No. 150A the original plots were 337/2, 391/1 etc. area 1 Biswa 10 Biswansi of the valuation of 6.76 Paisa. At third place in 3 Khata No. 150B the original plots were 335, 337 etc. 1 Bigha 8 Biswa 8 Biswansi of the valuation of Rs. 126.94 paisa. The Assistant Consolidation Officer proposed three Chaks to the petitioner no. 2. The first Chak was over Plot Nos. 357, 357/3, 357/2, 335/2, 335/23, 335/3, 339/1, 338/1, 337/1 and 335/1 area 8 Bigha 9 Biswa 6 Biswansi of the valuation of 749.96 paisa. The second chak was proposed over Plot No. 357/2, 326/2, 329, 330, 331, 331/1, 333/1, 334, 357/1 and 358/2 area 10 Bigha 12 Biswa 16 Biswansi of the valuation of Rs. 949.64 paisa. The third chak was proposed over Plot No. 424/1, 424/2, 393, 425/1, 425/2, 423, 441/1, 441/2, 441/3, 440/1, 440/2, 440/3, 445/1, 445/2, 445/3, 442, 444 and 446 area 3 Bigha 4 Biswa and 2 Biswansi of the valuation of Rs. 393.40 paisa. The petitioner no. 2 was satisfied with the same. 5. Thereafter, while deciding the objections under Section 21 (1) of the Act, the Consolidation Officer made changes in the Chak of the petitioner no. 2. The first chak was allotted over Plot No. 357/3, 356/2 area 7 Bigha 17 Biswa 5 Biswansi of the valuation of Rs. 696.49 paisa. The second Chak was allotted over Plot No. 357/2, 327/2, 329 area 11 Bigha 11 Biswa 17 Biswansi of the valuation of Rs. 1031.61 paisa. The third chak was allotted over Plot Nos. 425/4, 426, 432, 433, 438, 439, 440/2, 441/3, 445/3, 446 area 2 Bigha 8 Biswa 14 Biswansi of the valuation of Rs. 22.1.19 paisa. In this allotment, the Consolidation Officer reduced the area of third Chak allotted at the road side from 3 Bigha 4 Biswa 2 Biswansi to 2 Bigha 8 Biswa and 14 Biswansi. 4 6. Petitioners have alleged that the respondent no. 3 had no original holding on the road side, but the Assistant Consolidation officer proposed Chak to him on the road side over Plot Nos. 438, 427 etc. area 3 Bigha 12 Biswa 15 Biswansi of the valuation of Rs. 327.30 paisa and same Chaks were maintained by the Consolidation Officer as his objection was dismissed. 7. Thereafter, while deciding the appeal of the respondent no. 3, the Settlement Officer of Consolidation changed the Chak of the petitioner no. 1 and he was allotted Chak over Plot Nos. 426, 427, 432, 433, 438, 439 and the Chaks allotted to the petitioner by the Consolidation Officer were abolished. Similarly, the Chak of the petitioner no. 2 was also changed by the Settlement Officer of Consolidation and the area of third Chak which was on road side was reduced and in its place, same area was adjusted over Plot Nos. 335/3, 336/1, 329, 426 and 425/4. 8. Against the said order, one Smt. Mithlesh and the petitioner no. 2 filed a revisions being Revisions No. 272 & 273 respectively before the respondent no. 1 / Deputy Director of Consolidation. Another revision was also filed by the respondent no. 3 being Revision No. 248 in respect of two Chaks alleging that the petitioner no. 1 be not allotted any Chak over Plot Nos. 427 etc. and two chaks were allotted in one sector. 9. Deputy Director of Consolidation dismissed the revision filed by the petitioner no. 2 and allowed the revision filed by the respondent no. 3 on 12.5.2000. 5 10. A counter affidavit has been filed by the respondent no. 3, where in paragraph no. 19, it has been stated that no land of the petitioners was situated by the side of Nagla Imarti Manglaur P.W.D Road and the petitioners have not given the details of the plots. In paragraph 20, it has been stated that the petitioners have neither filed the copy of the objection before the Consolidation Officer nor have filed the copy of the order of the Consolidation Officer. 11. Perused the judgment and order passed by both the courts below. The appellate Court, after hearing the parties and taking into consideration the entire evidence adduced by both the parties, while partly allowing the appeal has recorded a finding that the Chak No. 127 has been allotted to Jitendra Kumar S/o Kali Ram and Chak No. 92 has been allotted to the father of the appellant namely Kali Ram S/o Bhoda Singh. Vide order dated 25/28-5-1997, the name of appellant Jitendra Kumar has been mutated after the death of Kali Ram as per succession. The appellate Court has rejected the allegation of the appellant that justice has not been done with him. Thereafter, the appellate Court changed the Chaks and different chaks were allotted. The revisional Court affirming the order passed by the court below dismissed the Revision No. 272 Smt. Mithlesh Vs. Jitendra Kumar and Revision No. 273 Dinesh Kumar Vs. Jitendra Kumar as having no force. The revision No. 248 Jitendra Kumar Vs. Dinesh Kumar and others has been accepted and the order dated 31.12.1998 was set aside and has amended the Chaks allotted to different persons 6 including petitioners. The Revisional Court has recorded a finding that Dinesh Kumar has wrongly been allotted two chaks in one sector, which is not admissible according to rule, therefore, the Revision filed by the respondent no. 3 was allowed. 12. The revisional Court was justified in holding the aforesaid findings and I do not find any illegality or infirmity with the order passed by the revisional Court and the order passed by the revisional Court requires no interference under Article 226 of the Constitution of India. 13. Consequently, writ petition is dismissed. No order as to costs. (P.C. Verma, J.) 29.7.2008 Rathour