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2023 Supreme(All) 72

DINESH PATHAK
Prahalad – Appellant
Versus
Deputy Director Of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pavan Kumar
For the Respondent: Brajesh Shukla

JUDGMENT :

1. Supplementary affidavit filed by the petitioner is taken on record.

2. Heard learned counsel for the parties and with their consent this Court proceeds to decide this matter finally at admission stage.

3. The petitioner has invoked the extraordinary jurisdiction of this Court by way of filing instant writ petition under Article 226 of the Constitution of India assailing the order dated 30.09.2022 passed by the Deputy Director of Consolidation.

4. Instant writ petition is arising out of Chak allotment proceeding under Section 21 of the U.P. Consolidation of Holdings Act. Grievance of the petitioner is that the Deputy Director of Consolidation has illegally reversed the order passed by the Settlement Officer of Consolidation and affirmed the order passed by the Consolidation Officer without adhering to the grievance of the petitioners that they are entitled for larger area over plot No. 46/1 which is their original holding.

5. Facts culled out from the averments as made in the writ petition are that in the Provisional Consolidation Scheme, Prahalad (petitioner no. 1) has been proposed Chak No. 234, Nepal (petitioner no. 2) has been proposed Chak No. 217 and Kusma Devi (respo

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