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1978 Supreme(All) 374

R.M.SAHAI
Beni Madho Dubey – Appellant
Versus
Dy. Director Of Consolidation, Gorakhpur – Respondent


Advocates appeared:
R.N. Singh

JUDGMENT

R. M. Sahai, J.

1. FROM the affidavits and counter-affidavit filed it is clear that plot No. 790 was out of consolidation till publication of the provisional consolidation scheme under Section 20 of the U. P. Consolidation of Holdings Act. Against the decision of objections by the Consolidation Officer in allotment of chak proceedings, the petitioner as well as opposite parties filed appeals before the Settlement Officer, Consolidation. In appeal, on the request made by the opposite-parties, the appellate court directed valuation of plot No. 790 and brought it within the purview of the allotment proceedings. He allotted the same to opposite-parties Nos. 4 and 5 and also provided a chak road for the convenience of the opposite party No. 6. The petitioner's revision against this order failed, with the result that he was forced to invoke the extra-ordinary jurisdiction of this Court.

2. SECTION 8 (1) (ii) of the U. P. Consolidation of Holdings Act empowers the Deputy Director of Consolidation after the revision of maps under Section 7 to determine the valuation of each plot in consultation with the Consolidation Committee after taking into consideration its productivity, locat






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