- (1.) Heard Sri Namwar Singh, for the petitioners and Standing Counsel and Sri Umesh Vats and Sri R.K.Mishra for the respondents. The counsel for the respondents states that he does not propose to file Counter Affidavit as legal points are involved in the writ petition. With the consent of the parties, the writ petition is being decided finally at this stage.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 10.12.2012, Assistant Settlement Officer Consolidation (respondent-2) dated 31.12.2002 and Consolidation Officer (respondent-3) dated 30.06.1999, passed in chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) Plot No. 253 was the original holding of the petitioner. During partal in consolidation, an area of 0.397 hectare of plot No. 253/1 was found as being used for agricultural purposes while in an area of 0.340 hectare of plot No. 351/2, abadi, mandai, sahan and fresh plantation of trees were found on the spot, accordingly the entries were made in CH Form-2-A. Plot No. 254 was the land of chak road, which was carved out in previous consolidation. At the time of preparation of the Statement of Principles, plot No. 253/2 (area 0.340 hectare) was left as achak, which was subsequently recorded in CH Form-18 'as the plot not to be included in consolidation'. An area of 0.012 hectare of plot No. 253/1 was taken for widening the chak road.;