- (1.) Heard Sri V. Singh, for the petitioners and Sri Awadhesh Tiwari, for the respondents.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 18.03.1996, passed in Revision No. 49/738/1995, Jamuna Giri Vs. Zubair Ahmad and others and Revision No. 747/1995, Radha and others Vs. Mangla and others, arising out of chak allotment proceedings under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Plot 27 (area 0.0632 hectare) of village Purachak, pargana Gadaha, district Ballia was the original holding of Jamuna Giri (respondent-2). During partal conducted under Section 8 of the Act read with Rule 19 of U.P. Consolidation Of Holdings Rules, 1954, 5 sub-plots, namely 27/1 (area 0.0049 hectare), 27/2 (area 0.0016 hectare), 27/3 (area 0.0024 hectare), 27/4 (area 0.0020 hectare) and 27/5 (area 0.0523 hectare) were found on the spot. Respondent-2 had his old house on plot 29. On plot 27/1 (area 0.0049 hectare), sahan, tube-well etc. of Jamuna Giri was found during partal and it was left as chak out. Respondent-2 obtained permission of Settlement Officer Consolidation in Case No. 239, under Section 5 (1) (c) of the Act, for raising construction over plot 27/5 (area 0.0040 hectare) by order dated 06.12.1993 and thereafter raised construction over it. However, at the time of preparation of Statement of Principles, plots 27/2 (area 0.0016 hectare), 27/5 (area 0.0024 hectare) and 27/5 (area 0.0016 hectare) were reserved for extension of abadi.;