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2025 DAILYLAW 116766 (ALL)

BIRBAL v. DEPUTY DIRECTOR OF CONSOLIDATION, PRATAPGARH AND 11 OTHERS

WRIB/31/2025 · 2025-01-23

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4558 Court No. - 8 Case :- WRIT - B No. - 31 of 2025 Petitioner :- Birbal Respondent :- Deputy Director Of Consolidation, Pratapgarh And 11 Others Counsel for Petitioner :- Kaushal Kishore Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Pankaj Gupta, learned counsel for the respondent no.12. 2. In pursuance of the order dated 21.01.2025, the Deputy Director of Consolidation, Pratapgarh is present in Court. 3. Written instructions under the signatures have also been provided to the Court for perusal which is taken on record. 4. By means of the instant petition, the petitioner seeks quashing of the order dated 09.05.2024 passed by the Deputy Director of Consolidation whereby the revision preferred by the petitioner was dismissed as a consequence the order passed by the Settlement OfÏcer of Consolidation has been set aside and the order passed by the Consolidation OfÏcer dated 21.09.2022 had been afÏrmed. In this view, the order passed by the Deputy Director of Consolidation and the Consolidation OfÏce have been put under challenge. 5. The grievance of the petitioner is that in respect of the disputed plots earlier the chak road which was right of access to the main sector road was available from the eastern side of the said plot which can clearly be seen from the map which has been annexed alongwith the amended table annexed with the order passed by the Deputy Director of Consolidation dated 09.05.2024. 6. After taking note of the request which was made by the petitioner who wanted to retain the same possession that is to say that the chak road be on the eastern of the plots as shown in the map. However, the Consolidation OfÏcer had taken a different view and he has provided for the chak road from the western side of the plots in question. The shifting of the chak road from the eastern to the western side as per the petitioner has caused them prejudice as their right to free access towards the sector road has been obstructed by number of persons who have built their house and is part of their abadi. It is in this context that the objections were filed by the petitioner before the Consolidation OfÏcer which did not find favour and was rejected by the order dated 21.09.2022. 7. Being aggrieved, the petitioner had filed an appeal before the Settlement OfÏcer of Consolidation who by means of order dated 28.11.2023 allowed the appeal and as per the amended table, he had shifted the chak road coming on the eastern side as shall be evident from the map which has been placed and his part of amended chart annexed forming part of the order dated 28.11.2023. 8. It is in this context that the private respondent no.4 inter alia had filed a revision which has been allowed by the Deputy Director of Consolidation and the situation as was made out by the Consolidation OfÏcer has been restored setting aside the order passed by the Settlement OfÏcer of Consolidation. 9. In the aforesaid backdrop, the contention of the petitioner is that the chak road which was going around Plot No.1773, should be placed in the manner as provided by the Settlement OfÏcer of Consolidation. However, by shifting the same on the western side, it is causing prejudice to the petitioner and like persons who are already residing in that area of abadi. 10. Having considered the aforesaid submissions and from the perusal of the material on record including the map which is at a running page-20 and is part of amended table annexed with the order passed by the Deputy Director of Consolidation dated 09.05.2021. The right of free access from the said plots in question which was earlier on the eastern side has been straightened and placed on the western side and which up ahead on the northern side is connecting the chak road and thereafter to the main sector road. 11. The fact whether there is any obstruction or not is a completely factual aspect, coupled with the fact that even if there is any such obstruction, the petitioner and other like persons whose right of access is obstructed have a right to agitate their grievances before the appropriate court and forum. Merely because it causes some inconvenience to the petitioner does not necessarily indicate that the straightening of the chak road and the right of access thereto is in any manner incorrect which may persuade this Court to entertain the petition. 12. For the reasons as recorded by the Deputy Director of Consolidation and looking into the map which gives a complete picture which existed prior to the amendment and post amendment, there does not appear to be any palpable error which may persuade this Court to entertain the petition and it is accordingly dismissed at the admission stage itself. Order Date :- 23.1.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench