- (1.) HEARD Sri Rama Shankar Mishra, for the petitioner and Sri M.P. Singh Gaur, for the respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation, dated 10.09.2013, passed in chak allotment proceedings under U.P. Consolidation of Holdings Act -1953 (hereinafter referred to as the Act). Plot Nos. 81, 91/4, 91/5, 91/6, 124, 125, 126, 129, 143, 146, 147, 151, 154, 155, 156, 159, 160/1, 160/2, 166, 219 and 220 of village Gangpur Pukhta, pargana Ujhani, district Badaun were the original holdings of the petitioner and Rajendra Singh (respondent -2), in which the petitioner and Rajendra Singh both have 1/12 share. It may be mentioned that these plots were recorded in basic consolidation year khatas 17 and 18. Apart from it, the petitioner has 1/6 share and Rajendra Singh has 1/12 share in the land of khatas 9 and 10. The petitioner was proposed one chak on plots 144, 145, 146, 219, 220 and 221/3 of the area 0.484 hectare. Rajendra Singh (respondent -2) was proposed two chaks, i.e. first chak was proposed on plots 90/3, 90/5, 228/2, 228/3, 227/1. 227/3 and 227/4 of the area 0.208 hectare and second chak was proposed on plots 146, 147, 151, 152, 214/1, 217, 218 and 230/1 of the area of 0.531 hectare. The dispute between the parties is in respect of allotment of the chak on plot no. 146, in which the petitioner and respondent -2 both have 1/12 share. The Consolidation Officer, by order dated 07.02.2013, partly modified the chak of the petitioner by taking an area of 0.156 hectare from his chak and allotting it in chak no. 164 of Bhagwan Singh Sahab and same area was taken from the chak of Bhagwan Singh Sahab and allotted in the chak of the petitioner. It appears that the proposed chak of respondent -2 was not affected by Consolidation Officer.
(3.) THE petitioner filed an appeal (registered as Appeal No. 54) claiming his chak on plot nos. 146 and 147. Bhagwan Singh Sahab filed an appeal (registered as Appeal No. 59) claiming his chak of the stage of Assistant Consolidation Officer. Both the appeals were consolidated and heard by Settlement Officer Consolidation, Badaun, who by order dated 06.04.2013 held that Ujagar was cultivating the land of plot no. 146 in west -north side, where he has also planted his trees and the tab of government tube -well was also existing there. On these findings, the appeal of Bhagwan Singh Sahab was dismissed and the appeal of the petitioner has been allowed. By this order, part of plot nos. 146, 147, 151, 152, 218 and 230 which were earlier allotted in the chak of respondent -2 have been allotted in the chak of the petitioner. Thus northern portion of the chak of respondent -2 was allotted in the chak of the petitioner and southern portion of the chak of the petitioner has been allotted in the chak of respondent -2.;