- (1.) Heard Sri S.C. Verma and Sri Vinay Kumar Rai, for the petitioner and Sri Yogesh Kumar Saxena, for the respondents.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation, dated 01.11.2012, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act-1953 (hereinafter referred to as the Act).
(3.) Plot Nos. 225/1, 225/2, 225/3, 255 and 467 of village Kashipur, pargana Haveli, district Mirzapur were the original holdings of the petitioner. The petitioner was proposed three chaks i.e. first chak on plot nos. 443, 467 and 468 of the area 0.360 hectare, second chak on plot nos. 342, 343 and 344 of an area of 0.246 hectare and third chak on plot nos. 325, 326, 327 and 328 of an area of 0.408 hectare. Plot no. 443 of village Kashipur, pargana Haveli, district Mirzapur was the original holdings of Smt. Shail Kumar (respondent-2) and plot Nos. 241, 468 and 469 of village Kashipur, pargana Haveli, district Mirzapur were the original holdings of Ram Sunder (respondent-3), who is father of Smt. Shail Kumari. Smt. Shail Kumari was proposed one chak on plots 467 and 468 of the area 0.484 hectare and Ram Sunder was proposed one chak on plots, 468, 469 and 442 of an area of 0.484 hectare. The dispute between the parties is in respect of allotment of the chak, on northern side of plot no. 468, which was the original holding of Ram Sundar.;