I.M. Quddusi, J. - (1.) Heard Shri S.K. Verma, learned Counsel for the petitioners and Sri Ashutosh Srivastava, learned Counsel for the opposite parties.
(2.) By means of this writ petition the petitioner has challenged the impugned judgment and order dated 8.1.1996 passed by the Deputy Director of Consolidation, Ghazipur in Revision No. 60 filed under section 48(1) of the U.P. Consolidation of Holdings Act, by means of which the Deputy Director of Consolidation has set aside the order dated 21.4.1976 passed by the Settlement Officer Consolidation and made fresh allotment of chak.
(3.) It may be noticed that plot Nos. 1042, 1043,1044, 1046, 1048, 1052 and 1053, having area of 16 Bishwa were the original plots of opposite party No. 2 and the same were acquired by the Canal Department for digging out cannal and the compensation thereof has been received by the opposite party No. 2. The Deputy Director of Consolidation has allotted plot No. 1042, 1043, 1044, 1046, 1048, 1052 and 1053, to the petitioner in lieu of plot No. 323. While deciding the revision, the Deputy Director of Consolidation has not considered the above mentioned facts and made allotment of chaks without even considering that some plots have been acquired by the canal department and compensation thereof has been received by opposite party No. 2.;