- (1.) Heard Sri A.K. Singh, for the petitioner and Standing Counsel and Sri Manoj Kumar Yadav, for the respondents.
(2.) The writ petition has been filed for quashing the order of Consolidation Officer (respondent-2) dated 27.09.2008, passed in exercise of powers under Section 42-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) and the order of Deputy Director of Consolidation (respondent-1) dated 11.07.2013, dismissing the revision of the petitioner, filed against the aforesaid order.
(3.) Plot No. 39 (area 0.045 hectare) of village Paharpur Haldhar, pargana Saidpur district Ghazipur was recorded as 'banjar' land in khata 96, in the basic consolidation year. The village was notified under Section 9 of the Act on 31.03.1992. No one filed any objection for including this plot in 'consolidation'. This plot remained out of 'consolidation' and recorded as such in CH Form-18. At the time of preparation of the provisional consolidation scheme of the village, in the year 2003, Assistant Consolidation Officer allotted plot No. 39 (area 0.045 hectare) in the chak of the petitioner (chak 143-A). The village was notified under Section 20 of the Act on 28.03.2003. No one filed any objection against the proposed chak of the petitioner, as such it was confirmed. The petitioner was given possession over his chak on plot No. 39 also. CH Form-41 and CH Form-45 were prepared in the name of the petitioner, in which this plot was included in his chak.;