- (1.) HEARD Sri Ram Niwas Singh, for the petitioners and Standing Counsel for respondents.
(2.) THE writ petition has been filed for quashing and modifying the order of Deputy Director of Consolidation (respondent-1) dated 10.01.2013, passed in Revision No. 715/925, Sheo Chand Vs. Kedar and Revision No. 835, Ramesh Vs. State, arising out of chak allotment proceedings under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). In consolidation Khurmulli (now represented by the petitioners) was allotted chak 76, Garib, (father of respondent-2) was allotted chak 82, Sharib (now represented by respondents-3 to 5) was allotted chak 83 and Nankhu (respondent-6) was allotted chak 167. Some area of plot No. 726 was reserved for extension of abadi at the time of preparation of statement of principles under Section 8 A of the Act while remaining area of plot No. 726 was allotted in the chaks of Garib, Khurmulli and Nankhu. The old abadi is situated in plot No. 725, where houses of the petitioners and the respondents are situated. The petitioners filed a revision (registered as Revision No. 715/925) stating therein that their chak as allotted on plot No. 726 was in L shape and be carved in rectangular shape. Ramesh Chand and others (respondents-3 to 5) filed a revision (registered as Revision No. 835) claiming that an area of 0.030 hectare from his second chak, allotted on plot Nos. 702, be reduced and that area be allotted to him in plot No. 726 by the side of chak 82. Both the revisions were consolidated and heard together.
(3.) DEPUTY Director of Consolidation made spot inspection and by the order dated 10.01.2013 found that plot No. 726 was not the original holding of any of the parties; in the western side of plot No. 726, land was reserved for extension of abadi, which was the root cause of dispute between the parties; Kedar (respondent-2) was allotted chak in front of the abadi; the chak of the petitioners, as allotted on plot No. 726, was in L shape; plot Nos. 721 and 722 were suitable for extension of abadi. On these findings he allowed both the revisions and by taking an area of 0.005 hectare from plot 726 (reserved for abadi) and an area of 0.003 hectare of plot No. 726 from the chak of Nankhu (respondent-6), the chak of the petitioners on plot No. 726 has been made in rectangular shape. The remaining area of plot No. 726, which was reserved for abadi was allotted in the chaks of Garib, Sharib and Nankhu (respondents-2 to 6) and on a small area of this plot chak road was made. The land for extension of abadi was reserved on plot Nos. 721 and 722, i.e. on the other side of the old abadi. The order of respondent-1 has been challenged in this writ petition.;