RAM SURAT RAM(MAURYA), J. - (1.) HEARD Sri Ranjeet Asthana for the petitioners and Sri S.K. Yadav for the respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation, dated 25.09.2013 passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act (hereinafter referred to as the Act). Plot no. 323, of village Tadi, tahsil Mohammadbad Gohna, district Azamgarh was the original holding of respondents 2 to 5 and plot no. 324 was original holding of the petitioners. During consolidation all the co -sharers, except Pankaj (respondent -3) were proposed chaks on plot no. 323. Pankaj was proposed chak on plot no. 324. An area of 0.055 hectare of plot no. 323 was proposed in the chak of the petitioners. In the northern side of plot no. 323, a road, connecting the village Khallopur to the highway by the side of plot no. 322 is existing. Plot no. 329 is the grove holding of the petitioners and the petitioners have their boring and pumping set in adjacent plot no. 124 of village Khallopur. Pankaj filed an objection (registered as Case No. 27) under Section 20 of the Act, against his proposed chak and claimed allotment of his chak on plot no. 323 giving frontage on the roadside, which was his original holding. He stated that Assistant Consolidation Officer has illegally proposed his chak on plot no. 324 due to which his access to the roadside has been taken away. The objection of the petitioner was heard by Consolidation Officer, who by order dated 30.06.2012 found that boring and pumping set of the petitioners situated in village Khallopur, was adjacent to plot no. 323 and in the western side of this plot no. 323, the grove of the petitioners on plot no. 329 was situated as such they were rightly allotted chak taking some area of plot no. 323. On these findings the objection of Pankaj was dismissed.
(3.) PANKAJ filed an appeal (registered as Appeal No. 807/2365) from the aforesaid order. Rajendra (respondent -2), Virendra (respondent -4) and Vijai (respondent -5), the other co -sharers of Pankaj also filed separate appeals. All the appeals were consolidated and decided by Settlement Officer, Consolidation, who by order dated 27.11.2012, held that as the chak of Pankaj was adjacent to plot no. 323, which is on roadside as such he was rightly allotted chak on plot no. 324. In respect of the case of the petitioners it was held that boring and pumping set of the petitioners was situated in village Khallopur which was adjacent to plot no. 323 as such some area of plot no. 323 was allotted to them in their chak on plot no. 324 and no prejudice has been caused to Pankaj and his co -sharers. On these findings the appeals were dismissed.;