RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri Sanjeev Kumar Pandey, counsel for the petitioner and Sri Shiv Ram Singh holding brief of Sri Kuldeep Singh Yadav, counsel for the contesting respondents.
(2.) THE writ petition has been filed against the order of the Deputy Director of Consolidation dated 26.10.2013 passed in chak allotment proceeding. The dispute relates to between the parties for allotment of chak on plot no.40. Admittedly, the petitioner and the contesting respondents are cosharers in it. It is also admitted that plot no.40 situate on the side of the link road which connects the National Highway. The Assistant Consolidation Officer proposed chak to the petitioner giving entire frontage on link road in his chak. The six cosharers filed separate objections against the proposed chak by the Assistant Consolidation Officer under Section 20 of the U.P. Consolidation of Holdings Act, 1953 claiming allotment of chak giving frontage on the link road in their chaks. The objections were consolidated and decided by the Consolidation Officer who by order dated 19.9.2012 held that chak on the frontage on the road was in view of previous family settlement as in previous family settlement he was given possession on the side of the road he was in possession of it.
(3.) FEELING aggrieved by the order of the Consolidation Officer five cosharers filed appeals. All the appeals were consolidated and decided by the Settlement Officer Consolidation by order dated 31.12.2011 dismissing the appeals of the cosharers. Thereafter four cosharers filed separate revisions. The revisions were consolidated by the Deputy Director of Consolidation who by order dated 26.10.2013 found that as all the persons are cosharers in plot no.40 as such they are all entitled for allotment of chak giving frontage on the link road. However, by order of the Consolidation Officer and the Settlement Officer, Consolidation the entire frontage has been allotted in the chak of the petitioner. On this finding the revisions were allowed and the cosharers were allotted chaks giving frontage on the link road in plot no.40. Thus, chak of the petitioner remained on the same plot only the direction of the chak has been changed and the frontage has been revised.;