SATYA POOT MEHROTRA, J. - (1.) THE present Writ Petition has been filed, inter-alia, praying for quashing the order dated 7. 4. 2010(Annexure No. 3 to the Writ Petition) and the order dated 29. 11. 2007 (Annexure No. 2 to the Writ Petition) passed by the Deputy Director of Consolidation (respondent no. 2).
(2.) IT appears that in the Consolidation Proceedings, the respondent nos. 3 to 5 were given Chak on Plot No. 966, area 0. 0913 Square Metres. Copy of C. H. Form No. 45 in respect of the respondent nos. 3 to 5 has been filed as Annexure No. 4 to the Writ Petition . It further appears that the petitioner was given Chak on Plot no. 967, area 0. 5735 Square Metres. It further appears that at the stage of preparation of Final Map, mistake was committed in showing the areas of Plot Nos. 966 and 967. In the circumstances, the petitioner filed Objections in this regard. Reference under Section 48 (3) of the U. P. Consolidation of Holdings Act, 1953was made to the Deputy Director of Consolidation (respondent no. 2). A Report dated 22. 2. 2003 was submitted by the Mukhya Anurekhak, Soraon, Allahabad. It was, inter-alia, stated in the said Report that as per the Map, the area of Plot No. 966 came to 0. 1400 Square Metres while the area of Plot No. 967 came to 0. 4900 Square Metres . Thus, the area of Plot No. 966 was increased by 0. 0434 Square Metres while the area of Plot No. 967 was increased by 0. 0835 Square Metres; and that accordingly, the area of 0. 043 Square Metres was deducted from Plot No. 966 towards Eastern Side in the North-South direction, and the said area was included in Plot No. 967. Copy of the said Report with proposed changes in the areas of Plot No. 966 and Plot No. 967 has been filed as Annexure No. 1 to the Writ Petition.
(3.) A perusal of the proposed changes in the Map as per the said Report appearing at Page Nos. 15 and 16 of the Paper-Book of the Writ Petition, shows that the area reduced from Plot No. 966 was in triangular shape and it included the area of Plot No. 966 on the road side. The area of Plot No. 966 on the road side was consequently reduced.;