- (1.) THIS writ petition has been filed challenging the order dated 29.12.2001 passed by the Deputy Director of Consolidation in proceedings for allotment of chaks. Petitioner, Chak Holder No. 218 and the respondent, Chak Holder No. 244 are real brothers. The dispute primarily in the writ petition pertains to Plot No. 110 which is the original holding of the parties and this original holding has been allotted in the chak of the petitioner by the impugned order.
(2.) I have heard the learned counsel for the parties and have perused the record. It is the case of the petitioner that the area of Plot No. 110 is only about 2.132 hectares on the spot. In this regard an order was passed by the Consolidation Officer on 28.11.1998 directing the area of the plot as recorded as 2.064 hectares as against the area of 2.302 hectares shown in the Settlement records. Against this order, the respondent filed an Appeal No. 592 under Section 11 (1) of the U.P. Consolidation of Holdings Act. By the order dated 18.1.2001 the Settlement Officer, Consolidation directed that the area as recorded as 2.302 hectares. The petitioner alleging that the order was ex parte filed a restoration application which was allowed and thereafter the Settlement Officer, Consolidation got measurements made of the plot in question and on the basis of the measurement so made, by an order dated 7.8.2001, directed that the area of Plot No. 110 be recorded as 2.132 hectares. It is the case of the petitioner that this order has become final as it was not challenged by any one.
(3.) THEREAFTER during proceedings for allotment of chak, the Assistant Consolidation Officer proposed three chaks to the petitioners. An objection was filed under Section 21 praying that the number of chaks proposed to the petitioner be reduced two. The Consolidation Officer by his order dated 29.2.2000 allowed the objection of the petitioner, abolished the third chak allotted to him on Plot No. 241/2 and adjusted the area in the second chak. Against the order passed by the Consolidation Officer the contesting opposite party preferred an appeal which was dismissed vide order dated 9.8.2000. The appellate order was challenged by Balesh Chandra, the contesting respondent, by means of a Revision No. 106/168/456 under Section 48 of the U.P. Consolidation of Holdings Act. The Deputy Director of Consolidation by the order impugned dated 29.12.2001 allowed the revision whereby the petitioner has again been allotted three chaks. Being aggrieved the instant writ petition has been filed.;