HONBLE RAM SURAT RAM, J. - (1.) HEARD Sri Arun Kumar, for the petitioners and Sri M.D. Mishra for the contesting respondents.
(2.) THE writ petition has been filed against the order of Additional District Magistrate/Deputy Director of Consolidation (respondent -1) dated 30.09.2013, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The dispute between the parties is for allotment of plots 974, 975 and 976, in their chaks. Assistant Consolidation Officer proposed a chak to petitioners -1 to 3 (chak 14), in which some portion i.e. plots 974 (area 0.001 hectare), 975 (area 0.002 hectare) and 976 (area 0.001 hectare) were allotted. Faujdar (now represented by respondents -3 to 6) (chak 508) was proposed a chak on plots 974 (area 0.014 hectare), 975 (area 0.091 hectare) and 976 (area 0.062 hectare) (total area 0.167 hectare). The petitioners did not file any objection against their proposed chaks. The objections were filed against the proposed chaks of Faujdar. The Consolidation Officer by order dated 29.11.2004 decided the chak objections of the village. Four chak appeals were filed from the order of Consolidation Officer, dated 29.11.2004. Assistant Settlement Officer Consolidation, by order dated 31.08.2006, decided these appeals. By this order, plots 974 (area 0.014 hectare), 975 (area 0.091 hectare) and 976 (area 0.062 hectare) (total area 0.167 hectare of total valuation Rs. 13.36) was taken out from the chak of Faujdar and left as bachat land.
(3.) FAUJDAR (chak holder 508), filed a revision (registered as Revision No. 685/448), from the order dated 31.08.2006. Two other revisions were also filed against the order dated 31.08.2006. The petitioners filed a time barred revision (registered as Revision No. 52) on 23.03.2007, claiming that bachat land left on plots 974, 975 and 976 be allotted in the chak 14 of petitioners -1 to 3 and chak 467 of petitioner -4. The petitioners filed an application dated 31.08.2007, under Rule 65 (1 -A), before Additional Collector (F and R), to call for the record of Revision No. 52, from the court of Deputy Director of Consolidation and decide it. Additional Collector (F &R) recalled the record of Revision No. 52, from the court of Deputy Director of Consolidation and allowed it, by order dated 25.01.2008 and allotted plots 974, 975 and 976 (total area 0.167 hectare) in the chak of petitioners -1 to 3 (chak 14). Later on, an application for correction was moved, which was allowed by Additional Collector (F &R) by order dated 26.03.2008. By the amendment chart attached to the order dated 26.03.2008, plots 974 and 975 were allotted in the chak of Smt. Azarunnisha (petitioner -4) (chak 467) and plot 976 was allotted in the chak of petitioners -1 to 3 (chak 14).;