- (1.) HEARD Sri Deepak Kumar Jaiswal for the petitioners.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation (DDC) dated 12.02.2013, passed in chak carvation proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Plot nos. 88, 320 and 339 were the original holdings of the petitioners. The petitioners were proposed three chaks, i.e. the first chak was proposed on plot no. 88 etc. of an area of 0.360 hectare, the second chak was proposed on plot no. 339 etc. of an area of 0.505 hectare and the third chak was proposed on plot no. 320 of the area of 0.475 hectare. The petitioners filed an objection against his proposed chak, claiming for allotment of more area on his third chak on plot no. 320. The objection of the petitioner was dismissed by the Consolidation Officer, by order dated 05.05.2012. The petitioners filed an appeal (registered as Appeal No. 360) from the aforesaid order. The Settlement Officer Consolidation, by order dated 30.10.2012, partly allowed the appeal of the petitioners and increased his area on plot no. 320, i.e. in the third chak, taking valuation from his first chak of plot no. 88.
(3.) AGAINST the aforesaid order, Brij Nath and others (Chak Holder No. 214), filed a revision (registered as Revision No. 342), in which, they had stated that due to order of Settlement Officer Consolidation, the shape of the chaks have become irregular, accordingly, the shape of the chak be made in rectangular shape. The Deputy Director of Consolidation, after examining the record, found that the contention raised before him, was correct. He, accordingly, while making the chaks of the parties in rectangular shape, again took an area of 0.195 hectare from the chak of the petitioners on plot no. 88, etc. and allotted it on plot no. 320 by the order dated 12.02.2013. Hence, this writ petition has been filed.;