RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Pankaj Kumar Tyagi and Sri R.P. Singh for the respondents.
(2.) THE writ petition has been filed against the orders of Deputy Director of Consolidation dated 9.2.2010 and 3.1.2014 passed in chak allotment proceedings under UP Consolidation of Holdings Act (hereinafter referred to as the Act). The dispute is between the parties in respect of allotment of chak on plot no. 609 in which the petitioners had ¼ share. From the stage of Assistant Consolidation Officer, two chaks were proposed to the petitioners i.e. the first chak was proposed on plot no. 437 and 438 and the second chak was proposed to him on plot no. 1688. Both the chaks were on the original holding of the petitioners and petitioners did not file any objection against the proposed chak before the Consolidation Officer.
(3.) THE petitioners sold an area of 5 bigha, 7 biswa of plot no. 1697 and an area of 2 bigha, 4 biswa and 12 biswansi of plot no. 1697 to Viru and Smt Usha Devi W/o Kiranpal . In the year 2007 names of the transformer were mutated in CH Form 23 of the petitioners. Deep Chandra (respondent -19) who is also co -sharer of the petitioners, sold his share of plot no. 1697 to Smt. Munesh , wife of Viru. Viru therefore begun a demand that he and his wife be allotted a chak on plot no. 1676 so that their chak may be allotted adjacent to each other. Accordingly, Viru and Smt. Munesh both filed a revision before the Deputy Director of Consolidation. Deputy Director of Consolidation by the impugned order dated 9.2.2010 has deducted an area of plot no. 1697 etc. from the chak of the petitioners 6 bigha and 10 biswa and after adjusting the area sold by the petitioners, he was allotted an area of 4 biswa 18 dhur on plot no. 437 which was added in first chak of the petitioners. The petitioners filed an application for recall of the aforesaid order on the ground that the Deputy Director of Consolidation has passed the order without giving any opportunity of hearing to the petitioners and the order was exparte. The recall application was pending and hearing of the recall application was delayed then the writ petition was filed by the petitioners in which the Deputy Director of Consolidation was directed to decide the recall application and thereafter the recall application was heard and Deputy Director of Consolidation by order dated 3.1.2014 held that as the several revisions were consolidated and decided by a common order dated 9.2.2010, as such, the order passed in the revisions of the Viru and Smt. Munesh, in which alone the recall application was filed, could not be recalled, as the amendment chart prepared in pursuance of the order dated 9.2.2010 is inter -connected and could not be amended. On this ground the recall application was rejected. Hence this writ petition has been filed.;