- (1.) Heard Sri M.N. Singh, for the petitioner and Standing Counsel and Sri Achal Singh Vats, for the respondents.
(2.) The writ petition has been filed for quashing the notice dated 11.01.2013 issued by Settlement Officer Consolidation (respondent-3) in Misc. Case No. 307. In the meantime, in pursuance of the aforesaid notice, the case was registered as Reference No. 10 of 2012-13, under Section 42-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) and order has been passed in it by respondent-3 on 24.01.2013. The petitioner therefore amended the writ petition and prayed for quashing the order of Settlement Officer Consolidation (respondent-3) dated 24.01.2013.
(3.) The dispute relates to plot No. 160 (area 0.098 hectare) of village Mahuwa, tappa Khesraha, tahsil Bansi, district Siddharth Nagar. During consolidation, Radhey Raman Pandey (the petitioner) (chak No. 86) was proposed one chak on 12, 13, 14, 24, 158, 159, 161 and 162 by Assistant Consolidation Officer. Plot No. 160 (area 0.098 hectare), was recorded as 'talab' in the khata of Gaon Sabha and was out of consolidation. This plot was falling in the middle of the aforesaid chak of the petitioner. The petitioner filed an objection under Section 20 of the Act, claiming to determine the valuation of plot No. 160 (area 0.098 hectare) and to allot it, in his chak, in order to avoid future dispute. The Consolidation Officer, Barhani Camp, Kasia, by order dated 04.04.1993 decided the objection of the petitioner along with other chak objections of the village. He determined the valuation of plot No. 160 at the rate of 20 paisa and allotted it, in the chak of the petitioner. In lieu of this allotment, an area of 0.016 hectare was taken for chak road and an area of 0.196 hectare was taken plantation, from the chak of the petitioner.;