- (1.) HEARD Sri S.C. Verma, counsel for the petitioner and Sri S.C. Tripathi and Sri Ajay Singh, counsel for the respondents.
(2.) THE writ petition has been filed against the orders of Deputy Director of Consolidation dated 08.07.2013, Settlement Officer, Consolidation dated 14.10.2011 and Consolidation Officer dated 18.07.2011, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The petitioner and Mofat Lal (respondent -12) are real brothers and have 1/4 share, Santosh (respondent -4) has 1/4 share, Banwari (respondent -5) has 1/4 share and Bachai, Shiv Samujh, Shiv Kumar, Vivek Kumar and Smt. Muniraji, (respondents -6 to 10) together have 1/4 share, in the joint family properties. In title proceeding, the parties entered into a written compromise on 30.12.2012. They had their houses on different portion on plot No. 387, according to their previous family settlement. Looking to their houses at different portion on plot No. 387, it was agreed between them, in this compromise, that plot No. 387/2 (0.030 hectare) 387/4 (area 0.011 hectare) be exclusively recorded in the name of Santosh Kumar (respondent -4), plot No. 387/4 (area 0.041 hectare) be exclusively recorded in the name of Banwari (respondent -5), plot No. 387/4 (area 0.041 hectare) be exclusively recorded in the names of Bachai, Shiv Samujh, Shiv Kumar, Vivek Kumar and Smt. Muniraji, (respondents -6 to 10) and plot No. 387/5 (area 0.010 hectare) be exclusively recorded in the names of Girja Shankar (the petitioner) and Mofat Lal (respondent -12).
(3.) AFTER the compromise, in the title proceeding, the petitioner and respondent -12 (hereinafter referred to as the petitioner) filed an objection (registered as Case No. 215 of 2011 -12) under Section 20 of the Act for partition and allotment of separate chak to them. In this objection, the petitioner demanded three chaks, i.e. first chak on plot No. 408, second chak on plot No. 247 and third chak on plot 387/4, taking area of plots 366 and 394. It has been stated by the petitioner in his objection that his abadi as well as pumping set was lying on plot no. 387/5. Santosh (respondent -4) filed an objection (registered as Case No. 218 of 2011 -12), Banwari Lal (respondent -5) filed an objection (registered as Case No. 216 of 2011 -12) and Bachai and others (respondents -6 to 10) filed an objection (registered as Case No. 217 of 2011 -12) for partition of their chaks. All the objections were consolidated and decided by Consolidation Officer (respondent -3), who by order dated 18.07.2011 allotted one chak to the petitioner on plot No. 408 of an area of 0.316 hectare, second chak on plot Nos. 247 and 248 of an area of 0.133 hectare and third chak on plot 387/4 of an area of 0.150 hectare.;