- (1.) Heard Sri Hari Om Khare and Sri Akash Khare, counsel for the petitioner and Sri S.N. Singh, counsel for the respondent-4.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 01.07.2013 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Plot No. 500, 1259 and 1293 of village Ranchad tahsil Baraut, district Baghpat were the original holdings of Kashi Ram (father of the petitioner) (chak No. 191). Assistant Consolidation Officer proposed one chak to him on plot No. 1258 (0.0700 hectare) and 1259 (area 0.4683 hectare) (total area 0.5383 hectare). It is stated that plot No. 1259 (area 2.1879 hectare) situated on the west of the road, in which the father of the petitioner had 1/6 share (an area of 0.3646 hectare falls in his share) and his house situated in plot No. 1176, on the eastern side of this road. Mathan Singh (respondent-4) filed an objection (registered as Case No. 223) under Section 20 of the Act, claiming chak on plot No. 1191, which was his original holding or in alternative in west of the road. The Consolidation Officer by order dated 27.05.2011 decided several chak objections of the village, in which Mathan Singh was allotted chak on plot Nos. 1259 (area 0.0700 hectare) and 1262 (area 0.0694 hectare) (total area 0.1394 hectare). Due to allotment of an area of 0.0700 hectare of plot No. 1259, the chak of the petitioner has been slightly shifted towards south giving an area of 0.0100 hectare of plot No. 1259 and an area of 0.0600 hectare of plot No. 1258.;