RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri R.C. Singh and Sri P.N. Tripathi, for the petitioners and Sri M.N. Singh, for the contesting respondents.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation (respondent -2) dated 04.05.2013 and Deputy Director of Consolidation (respondent -1) dated 01.11.2013, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Admitted facts are that village Asadh, pargana Kaswar Raja, district Varanasi, where land in dispute is situated, was placed under consolidation operation by notification dated 06.09.1978, under Section 4 of the Act. The village was notified under Section 9 on 31.07.1979, under Section 20 on 10.08.1981. Possession over the confirmed chaks in the village was delivered on 02.05.1984. The provisional Consolidation Scheme was confirmed on 17.07.1984. Notification under Section 52 of the Act took place on 27.08.1987. Sant Ram (now represented by the petitioners) and Ram Chander (now represented by respondents -3 to 6) (hereinafter referred to as the respondents) were real brothers. Sant Ram died in 1986 and Ram Chander died in 1997.
(3.) SANT Ram and Ram Chander were co -tenure holders in basic consolidation year khatas 40, 65, 167, 178 and 315 of village Asadh. Apart from khata 178, there was no dispute, in respect of the share of the co -sharers in other khatas. Total valuation of khatas 40, 65, 167 and 315 came in the shares of two brothers of Rs. 19.38 each. Separate chaks i.e. chak 315 was carved out in the name of Ram Chander and Chak 452 was carved out in the name of Sant Ram. As there was dispute in respect of the land of khata 178 as such a separate chak no. 453 was carved out of the land of this khata.;