RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri R.C. Singh, for the petitioners and Sri Anil Kumar Singh, for the contesting respondents.
(2.) THE writ petition has been filed for quashing the orders of Settlement Officer Consolidation dated 11.10.2013 and Deputy Director of Consolidation dated 2014, arising out of chak allotment proceeding under UP Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act'). 3. Plot 369 (area 0.210 hectare) of village Adadih, tahsil and district Mau was the original holding of the petitioners. During consolidation, Sakhi Chand (petitioner -1) was allotted chak no. 495 on plots 366 and 369 of an area of 0.100 hectare and Moti Chand (petitioner -2) was allotted chak no. 308 on plot 369 of an area of 0.100 hectare. On the spot chak no. 308 is in northern side of chak no. 495. Assistant Consolidation Officer proposed a chak road through plot 369 in between the chaks of the petitioners. The petitioners filed a time barred objection (registered as Case No. 593) under Section 20 of the Act, against carving out chak road in between their chaks. The Consolidation Officer, by order dated 15.06.2013 changed the location of chak road and carved out in northern and eastern side of chak 308.
(3.) MARCHHOO (respondent -3) filed an appeal (registered as Appeal No. 436/983/ 2013 -14) under Section 21 (2) of the Act. The petitioners filed another appeal (registered as Appeal No. 440/987/ 2013 -14) under Section 21 (2) of the Act, from the order of Consolidation Officer. Both the appeals were consolidated and heard by Settlement Officer Consolidation, who by order dated 11.10.2013 held that during spot inspection it was found that the portion of the chak road in plot 369 in the northern side is useless. Chak road as provided by Assistant Consolidation Officer in between the chaks of the petitioners was correctly given. Demand of the petitioners for abolishing chak road at this place was not liable to be accepted. On these findings the appeal of the petitioners was dismissed and appeal of Marchhoo was allowed and position of the chak road of the stage of Assistant Consolidation Officer has been maintained.;