Anjani Kumar Mishra, J. - (1.) HEARD Sri Arvind Srivastava, Counsel for the petitioner and Sri Govind Krishna, who has filed caveat on behalf the contesting respondent No. 3. This writ petition has been filed seeking writ of certiorari for quashing the order dated 29.3.2014 passed by the Deputy Director of Consolidation, Azamgarh (the DDC) in Reference No. 47 under section 48(3) of the U.P. Consolidation of Holdings Act (For short "the Act'). This reference was prepared for making good the deficiency in violation as regards the chak of the petitioner. The orders dated 19.3.1999 and 19.1.2000 passed by the Consolidation Officer, Azmagarh (the C.O.) have also been impugned.
(2.) THE facts of the case briefly stated are that the publication under section 9 of the Act is for the village where the disputed land is situate was made on 30.6.1984. An objection was filed by the contesting respondent Rajendra Singh under section 9 -B of the Act on 15.3.1996 praying that plot No. 122 be declared chak out. This objection was allowed by the order dated 26.9.1997 and 800 links of plot No. 122 was duly declared as chak out. On 15.1.1998, the petitioner purchased plot No. 1 from Samaru by means of a registered sale -deed. Subsequent to this purchase, the purchaser Surendra Kumar Rai (the petitioner) moved an application on 11.3.1998 alleging therein that there was double entry regarding plot No. 1 area 15 links which was liable to be expunged and the valuation thereof be allotted to him on plot No. 122. This prayer made by the petitioner was opposed by the contesting respondent on the ground that he is original holder of plot No. 122 which was valuable roadside land and was proposed in his chak.
(3.) THE petitioner also filed a revision against the order of the CO dated 27.6.1997. The DDC vide order dated 27.3.2001 set aside the order dated 26.7.1997 and remanded the matter for decision afresh on the question whether 800 links of plot No. 122 was liable to be declared chak out or not.;