RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Chandra Sen Pal, for the petitioners and Sri A.K. Singh, for respondent -3. There is no dispute in respect of the facts, stated in the writ petition as such with consent of the parties, the writ petition is decided finally at this stage.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation (respondent -1) dated 30.08.2013, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Plots. 12/3, 16/2, 18, 19/1, 28, 29, 33, 34, 58, 59, 61, 63, 66, 67 and 73 were the original holdings of Shambhu (petitioner -1), in which he had 1/4 share (total area of his share was 0.588 hectare). Shambhu was proposed two chaks, i.e. the first chak was proposed on plots 12/2, 29 and 34 of an area of 0.152 hectare and second chak was proposed on plots 29, 33, 34 and 103 of an area of 0.345 hectare. Potni Devi (now represented by petitioners -2 and 3) was co -sharer in plots 28, 29, 34, 58, 59, 63, 66 and 67 (total area of her share was 0.493 hectare). Potni Devi was allotted two chaks, first chak was allotted on plots 58, 60, 61, 62, 63 and 66 of an area of 0.396 hectare and second chak was on plots 29 and 34 of an area of 0.114 hectare. Plots 2, 3, 33, 65, 67, 69, 73 and 103 were the original holdings of Arvind, in which he had 1/3 share. Arvind (respondent -3) was proposed two chaks, i.e. first chak was proposed on plots 29, 30, 31, 32, 33, 34 and 103 of an area of 0.736 hectare and second chak was proposed on plot 67 of an area of 0.359 hectare. Arvind filed an objection (registered as Case No. 77 and 78) under Section 20 of the Act, against his proposed chak, claiming for allotment of plots 29 etc. and deleting his chak on plot 67. The Consolidation Officer, by order dated 24.09.2012 allowed the objection of Arvind, by which second chak of Shambhu was deleted and in liew of it, he was allotted chak on plots 58, 60, 62, 63 and 64 and both the chaks of Potni Devi were deleted and she was allotted single on plot 67 of an area of 0.359 hectare.
(3.) SHAMBHU and others (the petitioners) filed an appeal (registered as Appeal No. 33), Dhana filed an appeal (registered as Appeal No. 34) and Mulari Devi filed an appeal (registered as Appeal No. 35) from the aforesaid order. Settlement Officer Consolidation, consolidated the aforesaid appeals and heard together, who by order dated 14.02.2013, allowed the appeals, by which both the chaks of Shambhu were deleted and he was allotted single chak on plots 29, 33, 34 and 103 of an area of 0.459 hectare and chak of Potni Devi on plots 67 was deleted and she was allotted two chaks i.e. first chak on plots 12/2. 29 and 34 and second chak on plots 58, 60, 61, 62, 63 and 64 of total area 0.497 hectare and Arvind was allotted chak on plot 67 of the area 0.359 hectare.;