RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Anil Kumar Srivastava, for the petitioner and Sri Krishnaji Khare, and Sri Mahendra Pratap Yadav, for respondent -3. The respondent has filed Counter Affidavit at this stage as such with the consent of the parties, the writ petition is decided finally.
(2.) THE writ petition has been filed for quashing the orders of Settlement Officer Consolidation dated 06.11.2012 and Deputy Director Consolidation dated 06.09.2013, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Plots 129, 193, 195 and 196 (total area 0.286 hectare) of village Manjariya, pargana Nagar Purab, district Basti were the original holdings of the petitioner. Assistant Consolidation Officer proposed one chak on plots 196, 197, 198, 207 and 208 (total area 0.216 hectare). The petitioner filed an objection (registered as Case No. 18) under Section 20 of the Act. The objection of the petitioner was heard by Consolidation Officer (R) Basti, who by order dated 05.09.2012 allowed the objection of the petitioner and taking some area from plots 196 and 207 and total area from plot 208 (total area 0.113), the petitioner was allotted a second chak on plots 195, 193 and 191 (total area 0.158 hectare).
(3.) SITA Ram (respondent -3) filed an appeal (registered as Appeal No. 252) from the aforesaid order. Sita Ram (respondent -3) filed another appeal (registered as Appeal No. 253) from the order of Consolidation Officer dated 09.10.2012, passed in the case of Ram Baran. The Appeals were heard by Settlement Officer Consolidation, who by order dated 06.11.2012, allowed the appeal against the petitioner and restored the chak of the petitioner, as initially proposed to him.;