RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri S.K. Pundir, for the petitioners and Sri R.P. Singh, for the respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 13.11.2013 passed in chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Plots. 119, 243 and 244 were the original holdings of the petitioners. During consolidation, an area of 0.120 hectare of plot 244/2 was left as chak out and total area of 3.507 hectare of the original holdings of the petitioners, were included in chak allotment proceeding. The petitioners were allotted chak 516 and a single chak on plots. 55, 243 and 244 of an area of 3.214 hectare was proposed. The petitioners filed an objection (registered as Case No. 65), under Section 20 of the Act, claiming for allotment of his chak on his original holdings, which were valued at the rate of 80 paisa. It has been alleged in the objection that they had been allotted land of the valuation of 90 paisa, as such, area of the chak has been reduced. In this objection, Ompal, Amanpal and Ravindra sons of Kalu (chak 61), were arrayed as opposite parties. It may be mentioned that an area of 0.310 hectare of plot 244/1 was allotted in the chak of Satveer (Chak 473), an area of 0.270 hectare of plot 244/1 was allotted in the chak of Tejpal Singh (Chak 170), an area of 0.440 hectare of plot 244/1 was allotted in the chak of Ranveer (Chak 360), an area of 0.120 hectare of plot 244/1 was allotted in the chak of Dushyant (Chak 177) and some area of plot 244/1 was allotted in chak 167 but these chak holders were not arrayed as party by the petitioners in their objection.
(3.) THE Consolidation Officer heard the objection of the petitioners along with other chak objections of the village, who by order dated 16.09.2011, found that the demand of the petitioners was genuine and they were entitled for allotment of chak on plot 244, which was their original holding. However, in the amendment chart attached to the order of Consolidation Officer, apart from plot 244, the petitioners were allotted plot 237, which on the spot is lying on the other side of the road and were the original holding of respondents -2 and 3, although they were neither arrayed as opposite parties in the objection of the petitioners nor any demand was made for allotment of plot 237.;