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 Assistant Settlement Officer, Consolidation. But since this chak-road still passed through the chak of the petitioner and his mother Smt. Kunti Devi, they filed a revision which was heard and decided by the Joint Difector of Consolidation, opposite party vide order dated 20th April, 1978 after making spot inspection. The opposite party cancelled the chak-road which passed through the chak of the petitioner and his mother and provided a chak-road passing through a portion of plots 657, etc. which were reserved for extension of abadi. Aggrieved by this order, opposite parties 4 and 5 had preferred writ petition 4099 of 1978 in this Court which was heard and allowed on 29th January, 1981 on the ground that since after local inspection made by the Joint Director of Consolidation, the petitioners were not afforded an opportunity of hearing, hence the order stood vitiated. The order of the Joint Director of Consolidation, dated 20th April, 1978 was, therefore, quashed and it was directed that the revision be decided afresh according to law in the light of observations made in the order.

3. After remand of the case, the Deputy Director of Consolidation again made spot inspection on 28th February, 1982, and fixed 29th March, 1982, for hearing arguments and on said date the arguments were heard and judgment was ultimately pronounced on 31st March, 1982. He maintained the chak-road passing through plots 661 and 711 as was provided by the Assistant Settlement Officer, Consolidation, vide his order dated 16th March, 1978. This chak road bifurcated the two chaks namely chak 48 which belonged to Smt. Kunti Devi and chak 437 which belonged to the petitioner. Both the chaks now belong to the petitioner after the death of his mother Smt. Kunti Devi. Aggrieved by the impugned order dated 31st March, 1982, passed by opposite party 1, the petitioner has preferred this writ petition.

4. Learned counsel for the petitioner contended that the Deputy Director of Consolidation while making spot inspection did not prepare any memo of inspection nor any note regarding his observation about the spot conditions and things found located on the plot 637. etc., was prepared and kept on record and as such the so called hearing given by him in the matter in relation to the spot inspection was mere illusory and the petitioner was materially prejudiced. He further contended that in the interest of justice it was necessary for opposite party to have prepared spot inspection memo and the same should have been kept on record so as to afford an opportunity to the parties to address their arguments with reference to it. In support of his argument he referred to R. 24-D. Consolidation of Holdings Rules, which provides that : -

" The Consolidation Officer or the Settlement Officer, Consolidatio