Prakash Krishna, J. - (1.) THE present writ petition arises out of the proceedings under the U.P. Consolidation of Holdings Act. The petitioner, Ram Swaroop, is Chakholder of Chak no.737 -Ba. Kadam Singh, respondent no.1, is Chakholder of Chak no.78 and respondent no.2, Smt. Murati is Chakholder of Chak No.657.
(2.) THE dispute in the present writ petition relates to allotment of Chaks between the parties. The original holding of petitioner consisted of plot nos.2166, 2235, 102, 175, 915, 2209, 26409 and 2696. The total area is 0.8079 hectares. In lieu of the aforesaid plots, a Chak over plot nos.2794, 2795, 2796, 2808, 2809, 2810, 2811 and 2812 were proposed to be allotted to the petitioner, having an area 1.4572 hectares. The petitioner, admittedly, did not file any objection against the proposed Chak as he was benefited by the increase in area. The Consolidation Officer modified the proposal in the manner that an area of 0.8493 hectare was taken out from the Chak of the petitioner and instead an area 0.7578 hectare was given. The said allotment remained unaffected at the stage of Settlement Officer of Consolidation. It appears that the other tenure holders having grievance filed appeals before the Settlement Officer of Consolidation and while deciding the appeals the Chak which was proposed to the petitioner by the Consolidation Officer remained unaffected. The other tenure holders carried the matter in revisions and all the revisions were heard and decided by a consolidated order dated 10.4.1996, partly impugned in the present writ petition. The petitioner is aggrieved by the judgment and order passed in revision no. 842 of 1995: Smt. Murati Vs. Atar Singh and others and revision no. 26 of 1994: Kadam Singh Vs. Mangal and others. The Joint Director of Consolidation by the impugned order has reduced the area of the Chak of petitioner on the footing that the petitioner has been allotted area in excess.
(3.) HEARD the learned counsel for the parties and perused the record.;