- (1.) Heard Sri Surendra Pratap Singh, counsel for the petitioner and Sri Ayub Khan, counsel for the respondent no.3.
(2.) By the impugned order of Deputy Director of Consolidation as the chaks of petitioner and Bani Singh respondent no.3 have been affected accordingly other parties, namely, Santraj Singh and Nain Singh, respondent nos. 2 and 4 are proforma parties in the writ petition. With the consent of the learned counsel for the petitioner as well as respondent no3. the writ petition is being finally disposed of.
(3.) The writ petition has been filed for quashing the order of the Deputy Director of Consolation dated 26.11.2012 passed in chak allotment matters by which chak of the petitioner has been disturbed and the order dated 24.7.2013 by which the recall application filed by the petitioner has been rejected. It has been stated by the petitioner that plot no.66 as well as plot no.308 was the original holding of the petitioner and respondent nos. 2 to 4 in which they have 1/6th share each. Plot no.66 is situated at a distance of 1.5 kilometres from the residence of the parties and is the land of low quality while plot no.308 situates near the abadi of the village. Accordingly, all the co-sharers except Santraj Singh were allotted chaks on plot no.308. So far as the share of Santraj Singh in plot no.308 is concerned that has been reserved for Yuvak Mangal Dal. Santraj Singh, therefore, filed an appeal, registered as Appeal No.561 of 2011 in which State of U.P. and the Land Management Committee were impleaded as respondents and a specific prayer has been made in it that his chak on plot no.66 be deleted and he be allotted chak on plot no.308 and the land for Yuvak Mangal Dal be reserved on his original holding on plot no.66. The appeal was heard by the Settlement Officer, Consolidation, Bulandshahr, who without considering the fact that Bani Singh, respondent no.3, was not impleaded as party in the appeal has disturbed his chak by his order dated 25.5.2010 and allowed the appeal although Bani Singh was not party in the appeal. Bani Singh, therefore, filed a revision, registered as Revision No.962 of 2010 /178/43/1/384 in which he has impleaded apart from Santraj Singh, the petitioner as well as Nain Singh. In this revision the chak of the petitioner has been disturbed and he was allotted chak on plot no.66 and 62. The petitioner filed a recall application which has been rejected by order dated 24.7.2013. Hence this petition has been filed.;