- (1.) HEARD Sri Vidya Kant Sharma, for the petitioner and Standing Counsel, for State of U.P., Sri Jai Kumar, Standing Counsel for Gram Panchayat respondent -7.
(2.) THE writ petition has been filed against the orders of Consolidation Officer (respondent -5) dated 17.10.2011, dismissing objection of the petitioner for recording its name over plot 846 (area 0.221 hectare) of village Manhana, tahsil Tarabganj, district Gonda and leaving plot 724 as pasture land, Settlement Officer Consolidation (respondent -4) dated 17.11.2011, dismissing the appeal of the petitioner and Deputy Director of Consolidation/Chief Revenue Officer (respondent -3) dated 27.05.2013, dismissing revision of petitioner, against aforesaid order, arising out of proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) JAGAT Narain Saraswati Laghu Madhyamik Vidyalaya, Manhana, Gonda is established in plot 949 of village Manhana, tahsil Tarabganj, district Gonda. Plot 846 (area 0.221 hectare), which is adjacent to school building is recorded as 'pasture' land. During consolidation operation plot 724 (area 0.221 hectare) was reserved for school purposes, at the time of preparation of statement of principles. The petitioner filed an objection (registered as Case No. 459) under Section 9 -A of the Act, for reserving plot 846 (area 0.221 hectare) for school purposes and shifting 'pasture' land on plot 724 (area 0.221 hectare). The Consolidation Officer by his order dated 17.10.2011 dismissed the objection of the petitioner. The petitioner filed an appeal (registered as Appeal No. 824) from the aforesaid order. The appeal was heard by Settlement Officer Consolidation, who by dated 17.11.2011, held that as the pasture land is out of consolidation area as such it is not possible to shift the pasture land. On these findings the appeal was dismissed. The petitioner filed a revision (registered as Revision No. 78/707) from aforesaid order, which has been dismissed by Chief Revenue Officer by order dated 27.05.2013. Hence this writ petition has been filed. Now the petitioner has filed a case under Section 161 of U.P. Act No. 1 of 1951 for exchange of pot 724 to plot 846, before Assistant Collector, which is pending.;