- (1.) Heard Sri Ashok Kumar for the petitioner and Sri O.P. Sharma, for the respondents.
(2.) The writ petition has been filed for quashing the orders of Deputy Director of Consolidation, Ghazipur, dated 21.02.1997 and 16.08.2000, passed in Revision No. 931, Ali Raza Vs. Dasai and others, arising out of chak allotment proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(3.) Plot Nos. 844/1 (area 1 biswa 4 dhur), 844/2 (area 2 biswa) and 888 (area 1 biswa 18 dhur) were the original holdings of the petitioner. It has been stated that the petitioner was found in possession over plot No. 889/2 (area 1 biswa 5 dhur) (which was rasta land) and 888/1422 (area 2 biswa 15 dhur) (which was new parti), during partal in consolidation and as he had been in possession over these plots since before 30.06.1975 and belonged to Scheduled Castes category as such he had become its bhumidhar under Section 122-B (4-F) of U.P. Act No. 1 of 1951. However, the petitioner did not file any objection under Section 9 of the Act, claiming title over plot No. 889/2 (area 1 biswa 5 dhur) (which was rasta land) and 888/1422 (area 2 biswa 15 dhur) (which was new parti) on the basis of his possession under Section 122-B (4-F) of U.P. Act No. 1 of 1951. The petitioner was proposed a chak on plots 887-M, 888-M and 888/1422 (total area 6 biswa 14 dhur). Ali Raza (respondent-3) was proposed an 'uran' chak on plot No. 889. It has been stated that plot No. 887, 888 and 889 are roadside land. Initially, the petitioner did not file any objection under Section 20 of the Act, against his proposed chak. When the chaks of the village were confirmed from Settlement Officer Consolidation and the consolidation authorities started the proceedings for delivery of possession, then the petitioner filed Revision No. 678/934 before Deputy Director of Consolidation on 18.07.1996 against his proposed chak. Subsequently, the petitioner filed an objection under Section 20 of the Act on 20.07.1996 against his proposed chak before the Consolidation Officer, on which the Consolidation Officer called for a report from Assistant Consolidation Officer, who submitted his report dated 24.07.1996. The Consolidation Officer dismissed the objection of the petitioner by order dated 26.07.1996, on the ground that chak carvation proceedings of the village were pending at the stage of Deputy Director of Consolidation and it was not possible for him to make any change in it.;