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1979 Supreme(All) 818

R.S.SINGH
Sripat – Appellant
Versus
Haridwar – Respondent


Advocates Appeared:
For the Appellant : S.K. Verma.
For the Respondent: Sankatha Rai.

JUDGMENT :

R.S. Singh, J.

This is a petition directed against the order of the Dy. Director of Consolidation dated 4-6-1971 dismissing the revision filed by the Petitioner.

2. The facts of the case, in brief, are that after the finalisation of the consolidation scheme a pumping set was installed by the Petitioner in his well. The Petitioner was allotted chaks at three places. In order to irrigate his other chaks from the pumping set installed by him on one of his chaks, the Petitioner began to construct a pucca nali on the land left for village abadi. Chak-holder No. 112, Respondent No. 1, created obstructions. The Petitioner moved an application to the Asstt. Consolidation Officer for affording nali and rasta for the irrigation of one chak from his tube-well installed on the other chak. The Asstt. Consolidation Officer sent the case to the C. O. who with his own report sent the same to the S. O. (C). The S. O. (C) by his order dated 23-2-1970 rejected the application of the Petitioner on the ground that he should have filed objection under Sec, 20 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) and it is not possible to allow water channel from common


















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