Bhagwan Das vs Deputy Director of Consolidation and Others

R.P. Misra, J.—Heard learned counsel for the parties.

On the joint request of the learned counsel for the parties, the writ petition is being decided on merits at the admission stage itself.

Learned counsel for the petitioner has made his submissions that plot No. 13 is the original holding of the petitioner. Four subdivisions of plot No. 13 have taken place i.e. plot No. 13/1,13/2,13/3 and 13/4. The petitioner has filed a copy of C.H. Form 2A which shows that on plots No, 13/1,13/2,13/3 and 13/4 the petitioner has got his boring.

Learned counsel for the respondents has submitted that a manipulation was done by the petitioner in preparation of C.H. Form 2A with regard to the aforesaid plots and due to manipulation he has got his name recorded.

In circumstances of the case, the findings recorded by the Deputy Director of Consolidation required reconsideration. The writ petition is allowed in part. The findings recorded by the Deputy Director of Consolidation are quashed and the matter is remanded again to the Deputy Director of Consolidation to decide only one issue i.e. whether on plots No. 13/1,13/2,13/3 and 13/4, the petitioner has got his boring or not and, if need be Deputy Director of Consolidation will pass the order after spot inspection.

The parties are directed to bear their own costs. Petition allowed party.