- (1.) Heard Sri B.L. Yadav for the petitioners and Standing Counsel for the respondent.
(2.) The writ petition has been filed for quashing the order dated 2.5.1994 and 6.9.1994 passed by Deputy Director of Consolidation in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) In consolidation, the petitioners were allotted chak no. 275. Plot nos. 111/1, 111/2, 111/3 and 2M were the original holdings of the petitioners. The petitioners were proposed three chaks, namely, first chak was proposed on plot no. 76 and 77, the second chak was proposed on plot no. 111/2 and 118/2 and third chak was proposed on plot nos. 116, 117 and 119. The petitioners filed an objection against their third chak. It has been stated by the petitioners that the third chak be abolished and the valuation be adjusted on the second chak on plot no. 111/1 which was his original holding on which Sadashiv, respondent-3 has been allotted an uran chak. The objection of the petitioners was dismissed by the consolidation officer by order dated 18.9.1993. The petitioners filed an appeal registered as Appeal No. 1325/1993, from the aforesaid order. The appeal was allowed by Settlement Officer (Consolidation) by order dated 27.10.1993. The Settlement Officer (Consolidation) held that plot no. 111 was the original holding of the petitioners, while plot no. 212 was the original holding of Sadashiv, respondent-3. On this findings, he directed that plot no. 111/2 area 1540 sq. meters be allotted in the chak of the petitioners and plot no. 194, and 195, total area 1540 sq. meters which were reserved for community development centre of the village was abolished and plot nos. 116, 117 and 119, area 1549 sq. meters which were allotted in the chak of the petitioners, were left as play ground. In the order, the Settlement Officer (Consolidation) has not considered the justification for abolishing the land reserved for community development centre. At the same time, he has not considered the utility of the play ground left on plot no. 116, etc.;