ORDER

K.N. Misra, J. - This writ petition is directed against the judgment and order dated 31st March, 1982, passed by the Assistant Director of Consolidation, Varanasi, under S. 48, U. P. Consolidation of Holdings Act, (hereinafter to be referred to as the Act) in the matter relating to allotment of chak-road to opposite parties 4 and 5, Chak holder 373 in proceedings under S. 20 of the Act.

2. Briefly stated the facts of the case are that the petitioner Rama Shanker Upadhyaya was allotted Chak 437 village Jathi, Pargana Kolasia, District Varanasi. His mother, Smt. Kunti Devi was allotted chak 48 adjacent to the chak of the petitioner near village abadi. Smt. Kunti Devi died during pendency of these proceedings leaving behind petitioner as her heir and successor. Opposite parties 4 and 5, Virendra Pratap Singh and Mahendra Pratap Singh had moved an application for providing a chak road to their chak 373 from village abadi. The Consolidation Officer, by his order dated 2nd July, 1975 provided a chak-road near the house and tube-well of Smt. Kunti Devi, passing through her chak. On appeal this chak-road was slightly shifted to the north by order dated 16th March, 1978 passed by the A