- (1.) Heard Sri O.P. Pandey and Sri Lok Nath Shukla for the petitioner and Sri R.K. Pandey for the respondents. Interim order dated 10.05.2010 passed in the writ petition was vacated by the order dated 12.07.2013. The petitioner has filed an application for recall of the order, which was listed before this Court. With consent of the parties, the writ petition is being decided finally on merit as the writ petition has not been admitted.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 30.03.2010, passed in chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) During consolidation, the petitioner (chak No. 132) was proposed a chak on plots 327/2, 327/4 and 330/1. Shyam Sunder (respondent-10) filed an objection under Section 20 of the Act, claiming his chak on plot 330/1, which was his original holdings and adjacent to his house. The Consolidation Officer (respondent-3) by order dated 30.09.2002 found that plot No. 330/1 was the original holding of respondent-10 and adjacent to his house as such he was entitled to a chak on this plot, while plot No. 392 was the original holding of the petitioner, which was left as bachat land. On these findings the objection of respondent-10 was allowed and respondent-10 was allotted chak on plot Nos. 330/1 etc. of total area 0.125 hectare and the petitioner was allotted a chak on plot No. 392, in lieu of it.;