- (1.) Heard Sri K.C. Kishan Srivastav, counsel for the petitioners and Sri S.C. Tripathi, for the contesting respondents.
(2.) Writ B No. 59228 of 2013 and Writ B No. 60385 of 2013 have been filed against the consolidated order of Deputy Director of Consolidation (respondent-1) dated 11.10.2013, passed in Revision No. 785 and Revision No. 784, respectively, arising out of chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). As both the revisions were decided by a common order as such with the consent of the parties both the writ petitions are heard together and are decided by a common judgment.
(3.) The dispute relates to the allotment of chak on plot no. 45 of village Rampur, pargana Haveli district Jaunpur. Plot no. 45 (area 0.619 hectare) (an area of 0.004 hectare is out of cultivation) are the original holdings of Heera Lal (1/4 share), Lal Mani (1/4 share), (brother of Heera Lal) and Mohan (1/6 share). Heera Lal was proposed two chaks, i.e. first chak was proposed on plots 40, 45 etc. of an area of 0.092 hectare and second chak was proposed on plots 231 etc. of an area of 0.169 hectare. Lal Mani was proposed three chaks i.e. first chak on plot 45 of an area 0.145 hectare, second chak on plots 64 etc. of an area of 0.047 hectare and third chak on plots 222 of an area of 0.070 hectare. Mohan was proposed one chak on plots 45 etc. of an area of 0.147 hectare. Heera Lal filed an objection against his proposed chaks and has stated that he has his house adjacent to plot 45 and also his private source of irrigation. He has 1/4 share in plot no. 45 as such at least an area of 0.200 hectare of plot no. 45 be allotted in his chak. The Consolidation Officer by his order dated 22.04.2013 dismissed the objection of Heera Lal.;