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2025 DAILYLAW 28107 (ALL)

RAM DUTT v. D.D.C.and OTHERS

WRIB/43332/2000 · 2025-04-03

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48092 Court No. - 50 Case :- WRIT - B No. - 43332 of 2000 Petitioner :- Ram Dutt Respondent :- D.D.C.And Others Counsel for Petitioner :- Neelam Pandey,Gavendra Mishra,Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Ram Niwas Singh,S.K.Singh,Tanuj Diwedi,V.K.Chandel,V.K.Singh Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Pramod Kumar Pandey, learned counsel for the petitioner, Mr. Tanuj Diwedi, learned counsel for respondent no.2 and learned Standing Counsel for the State-respondents. 2. Brief facts of the case are that petitioner is chak holder no.351 and respondent no.2 is chak holder no.61. In the chak allotment proceeding, Settlement Officer of Consolidation has adjusted the chak of the petitioner and respondent no.2 vide order dated 6.12.1999 deciding the four appeals filed under Section 21 (2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act"). Against the appellate order dated 6.12.1999, revision under Section 48 of U.P.C.H. Act was filed by respondent no.2/ Kali Charan, which was registered as Revision No.171. The aforementioned revision was allowed vide order dated 7.9.2000 by which the chak of the petitioner as well as respondent no.2 was interchanged, hence this writ petition on behalf of the petitioner for the following reliefs: "i. issue a writ, order or direction in the nature of certiorari quashing the order dated 7.9.2000 passed by respondent no.1. ii. issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 and other consolidation authorities not to measure and transfer the possession of the plot no.440/1 and 440/5." 3. This Court entertained the matter on 12.10.2000 and interim order was granted staying the operation of the impugned revisional order dated 7.9.2000. 4. In pursuance of the order dated 12.10.2000 parties have exchanged their affidavits. 5. During pendency of the writ petition, petitioner and respondent no.2 have entered into compromise to the effect that the stage of Settlement Officer of Consolidation be maintained between petitioner and respondent no.2 and revisional order dated 7.9.2000 be set aside. 6. A joint affidavit dated 17.1.2019 of Anil Kumar son of sole-petitioner Ram Dutt as well as sole respondent no.2/ Kali Charan was filed along with the terms of compromise dated 30.11.2018 signed by petitioner himself and respondent no.2 that stage of Settlement Officer of Consolidation be maintained after setting aside the order of the Deputy Director of Consolidation dated 7.9.2000. 7. The aforementioned joint affidavit for compromise was sent before the Deputy Director of Consolidation, Ghaziabad for verification vide order of this Court dated 2.8.2024, accordingly, Anil Kumar son of sole petitioner- Ram Dutt as well as respondent no.2-Kali Charan were appeared before the Deputy Director of Consolidation, Ghaziabad. Deputy Director of Consolidation, Ghaziabad sent his verification report dated 18.11.2024 to this Court which is on the record of the writ petition. 8. Even on merit the allotment of chak made at the stage of Settlement Officer of Consolidation should be maintained as the petitioner and respondent no.2 are in possession of the chak at the stage of Settlement Officer of Consolidation as well as there is no illegality in the appellate order dated 6.12.1999 passed by the Settlement Officer of Consolidation in the allotment of chak proceedings. 9. Considering the entire facts and circumstances of the case as well as the fact that the petitioner and respondent no.2 have entered into compromise also, the impugned revisional order dated 7.9.2000 passed by respondent no.1/ Deputy Director of Consolidation, Ghaziabad is hereby set aside and the stage of Settlement Officer of Consolidation with respect to allotment of chak between petitioner and respondent no.2 is hereby maintained. 10. The writ petition stands allowed and order of Settlement Officer of Consolidation dated 6.12.1999 is hereby affirmed. 11. No order as to costs. Order Date :- 4.4.2025/Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad