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2022 Supreme(All) 53

CHANDRA KUMAR RAI
Bal Kishun – Appellant
Versus
C. R. O. – Respondent


Advocates Appeared:
For The Petitioner: Niraj Tiwari
For The Respondent: C.S.C.,A.P.Singh,Anil Kant Tripathi

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Niraj Tiwari, learned counsel for the petitioner and Mr. A.P. Singh, learned counsel for respondent nos.3 and 4.

2. The present writ petition has been filed for quashing the impugned order dated 27.9.2006 passed by respondent no.2 and order dated 24.2.2009 passed by respondent no.1 in the allotment of Chak proceedings.

3. The brief facts of the case are that petitioner is Chak Holder No.154 and respondent nos. 3 and 4 are Chak Holder No.156, both parties are co-sharer accordingly Assistant Consolidation Officer proposed Chak to both parties according to the provisions of the Act specially in respect to Plot No.36 and 37 as Plot No.36 was not fit for cultivation so both parties were equally adjusted on Plot No.36 and 37. Against the proposal of Assistant Consolidation Officer, an objection under Section 20 of U.P.C.H. Act was filed by father of respondent nos.3 and 4 claiming Chak on Plot No.7. The excess area given on Ist and IIIrd Chak of respondent nos.3 and 4 be excluded and the same be adjusted on his original Plot no. 7. The shape of IInd Chak on Plot No.37 be modified to the effect that Chak be given on Plot No.37 in eastern side in N

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