R.H.Zaidi, J. - (1.) Present petition arises out of the allotment proceedings under the U. P. Consolidation of Holdings Act for short "the Act" and is directed against the Judgment and order dated 6.10.1989 passed by the Deputy Director of Consolidation. Allahabad.
(2.) The relevant facts of the case giving rise to the present petition, in brief, are that the Assistant Consolidation Officer allotted 3 chaks to the petitioners. Inspite of the objections filed by the contesting respondents, the chaks of the petitioners were not disturbed either by the Consolidation Officer, the Settlement Officer, Consolidation or the Deputy Director of Consolidation. Thereafter two writ petitions were filed, one by Hira Lal and others and another by Devi Prasad and others. The said writ petitions were numbered as 2472 of 1986 and 2433 of 1986, respectively. Both the writ petitions were allowed by this Court by its judgment and order dated 24.1.1989 and the case was remanded back to the Deputy Director of Consolidation for decision afresh. The operative portion of the Judgment dated 24.1.1989 is quoted below : "Since the impugned judgment is being quashed at the instance of Hira Lal and others in Writ Petition No. 2472 of 1986, I quash the impugned judgment even at the instance of the petitioners in this writ petition and direct the revisional court to re-examine the claim of the petitioners and deal with their demand about a chak on plot No. 179 after bearing the parties concerned. In view of the above observations, both the writ petitions deserve to be allowed and are accordingly allowed and the impugned judgment of the revisional court dated 16.12.1935, is hereby quashed and the revisional court is directed to decide the claim of the petitioners of both the writ petitions strictly in accordance with law and the observation made above. Parties are directed to bear their own costs."
(3.) The Deputy Director of Consolidation after affording opportunity of hearing to the parties concerned decided the revision filed by Devi Prasad and others by his judgment and order dated 6.11.1989 by which he has made slight alteration in the chaks allotted to Devi Prasad and the petitioners. An area valuing 16.29 paise and measuring 12 biswas 15 dhoors was taken out from the chak of Satish Kumar, the petitioner, out of chak on plot No. 179 and was allotted to Devi Prasad. Area of same valuation, i.e.. 16.29 paise. out of chak of Devi Prasad was given to Satish Kumar, the petitioner. Thus, the number of chaks allotted to Devi Prasad. i.e. 4, and of the petitioners remained the same. The petitioners, thereafter, filed the present petition.;