- (1.) Heard Sri Triveni Shankar for the petitioner and Sri D.K.Singh for the respondents.
(2.) The writ petition has been filed for quashing the order of Additional Collector (F & R) Saharanpur (respondent-1) dated 28.10.2000 and correction order dated 02.11.2000 passed in Revision No. 147 of 1999-2000, Sulekh Vs. Raghubir and others, arising out of chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) During consolidation, Raghubir (the petitioner) was allotted Chak No. 96 and his first chak on plot No. 96/2 and 101/1 of an area of 0.235 hectare and second chak on plot No. 7/3 etc. of an area of 2.639 hectare were proposed. Sulekh (respondent-3) was allotted chak No. 124 and one chak on plot No. 113 etc. of an area 1.562 hectare was proposed to him. Sulekh (respondent-3) filed an objection (registered as Case No.1590) against his proposed chak raising his main grievance that chak road as carved out was not connected with sector road. The objection of Sulekh (respondent-3) was dismissed by the Consolidation Officer by order dated 15.01.1999. Sulekh (respondent-3) filed an appeal (registered as Appeal No. 457) from the aforesaid order. In this appeal, he changed his grievances and began to claim his chak on plot No. 96. The appeal was dismissed by Settlement Officer Consolidation by order dated 11.06.1999. Sulekh then filed a revision (registered as Revision No. 2100 of 1998-99) which has been partly allowed by the order dated 30.08.1999. The petitioner filed a writ petition (registered as Writ Petition No. 38165 of 1999) which has been allowed by this Court on the ground that in the order dated 30.08.1999, order of Settlement Officer Consolidation dated 11.06.1999 has not been set aside as such order of Deputy Director of Consolidation dated 30.08.1999 was set aside and the matter was remanded for fresh decision on merit in the revision.;