- (1.) Heard Sri Mahendra Narayan Singh for the petitioner and Sri Namwar Singh for the respondents.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation dated 30.08.1986 passed in Revision No. 524, the order of Settlement Officer (Consolidation) (respondent-2) dated 30.08.1985 and the order of Consolidation Officer (respondent-3) dated 19.05.1984, in chak allotment proceedings under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Plot no. 94 was the largest original holding of the petitioner and Hari Shankar (respondent-4) where they had a well. The Assistant Consolidation Officer proposed two chaks to the petitioner. The first chak was proposed on plot no. 49/8, etc. of an area of 0.845 acre and the second chak was proposed on plot no. 94/2, etc. of an area of 1.62 acre. The petitioner was satisfied with his proposed chaks and did not file any objection against it. No other person filed any objection against the proposed chaks of the petitioner which were on his largest original holding as well as where the petitioner had a well as private source of irrigation. However, the Consolidation Officer, while deciding the other objections of the village in chak allotment matters, disturbed the second chak of the petitioner, which was allotted on plot no. 94/2. The petitioner filed an appeal (registered as Appeal No. 1266/615) and Hari Shankar (respondent-4) filed appeals (registered as Appeal No. 1265/614 and 1194/339) from the order of Consolidation Officer. The demand of the petitioner in the appeal was that his second chak on plot no. 94/2, which was on his largest original holding where he had his private source of irrigation, be restored. Hari Shankar (respondent-4), the co-sharer of the petitioner in plot no. 94/2 as well as in the well also in his memorandum of appeal filed as annexure 2 to the writ petition, has stated that plot no. 94 be restored in the chak of the petitioner. The appeals were heard by Settlement Officer (Consolidation) (respondent-2) who without considering the grievance of the petitioner as well as concession given by Hari Shankar, the co-sharer of the petitioner, has dismissed the appeal of the petitioner as well as the appeals of Hari Shankar also. The petitioner filed a revision (registered as Revision No. 524) from the aforesaid order, which has been dismissed by the Deputy Director of Consolidation by order dated 30.08.1986. These orders have been challenged in the writ petition.;