KRISHNA MURARI,J. - (1.) HEARD Sri R.C. Singh, learned counsel for the petitioner and Sri S.urendra Pratap Singh for the contesting respondents.
(2.) THIS petition arises out of chak allotment proceeding. The dispute between the parties is in respect of plot no. 77/2. At the stage of Assistant Consolidation Officer, the petitioner was proposed chaks over northern side of plot no. 77/2 whereas Shyodan Singh father of respondents no. 3 to7 was proposed chak on the southern side. After the chak were proposed in the provisional consolidation scheme, the peititoner made an application under Section 5 of the U.P. Consolidation of Holdings Act (for short the 'Act') before the Settlement Officer Consolidation seeking permission to raise construction over plot no. 77/2, which was allowed and he was accorded permission to raise construction over the said plot within 90 days. It has been pleaded in the writ petition that the petitioner immediately raised some construction. The order passed by the Settlement Officer Consolidation was challenged in revision by respondents no. 3, 4 and 5 which was dismissed. Against the chak proposed at the stage of Assistant Consolidation Officer, father of respondents no. 3 to 7 filed objection to divide the chak in the manner that both get equal frontage on the road. Consolidation Officer by a cryptic order dated 12.1.2007 allowed the objection. The petitioner went up in appeal. The Settlement Officer Consolidation finding that the 'abadi' constructed by the petitioner is towards the northern side allowed the appeal and set aside the order passed by the Consolidation Officer and maintained the chak at the stage of Assistant Consolidation Officer i.e. the chak of petitioner proposed on the northern side and that of the respondents on the southern side. The contesting respondents went up in revision.
(3.) THE Deputy Director of Consolidation without considering the fact that 'abadi' of the petitioner exists on the northern side allowed the revision and set aside the order of the Settlement Officer Consolidation and again bifurcated the chaks longitudinally as a result the petitioner was deprived of his construction. The said adjustment was made by the Deputy Director of Consolidation on the finding that both get equal frontage on the road side. The fact that 'abadi' of the petitioner stands on the northern side, is a very important factor to be taken into consideration which the Deputy Director of Consolidation has failed to take into account. The Settlement Officer Consolidation had adjusted the equities between the parties by maintaining the stage of Assistant Consolidation Officer and allotting the petitioner chak towards the northern side over which his 'abadi' exists and contesting respondents towards the southern side. ;