Yatindra Singh, J. - (1.) This writ petition arises out of proceeding for allotment of Chak under UP Consolidation of Holdings Act, 1953 (the Act). Petitioner alongwith six brothers were co-sharer and the respondent No. 2 (die contesting respondent) alongwith one other brother was co-sharer in the village. The provisional consolidation scheme was framed and petitioner filed an objection claiming chak over plot No. 85 on the ground that his irrigation facility be granted. This objection w#S rejected on 21-5-1997. He filed an appeal which was allowed on 9-7-1997. The contesting respondent filed a revision which was allowed on 27-10-1997. The contesting respondent filed a revision which was allowed on 27-10-1998, hence the present writ petition.
(2.) I have heard Sri Ayub Khan and Sri Shahid Masood. counsel for the petitioner and Sri S.P. Singh, counsel for contesting respondent. The Deputy Director of Consolidation (the DDC) by its order dated 27-10-1998 has taken away and given land of valuation 104.50 to the petitioner. The total valuation of the land taken away from the petitioner is 104.50. The total valuation of the land given to the petitioner is not 104.50, it is merely 14.5. In view of this order of DDC dated 27-10-1998 is illegal and is hereby quashed, but this is not the end of the matter.
(3.) The petitioner and his six brothers are co-sharer in the village. Similarly contesting respondent and his one brother were co-sharer in the village. The provisional consolidation scheme was framed in such a way so that petitioner and his brother were given Chak toward southern side of the road and the contesting respondent and his brothers were given Chak towards northern side of the road. This was done so that there may not be any quarrel in future. This aspect was not considered by the SOC. In view of this order of SOC dated 9-7-1997, is also illegal and is hereby-quashed. The parties may appear before the SOC on 11th November, 2002 and thereafter the SOC may decide the appeal in accordance with law.;