Anjani Kumar Mishra, J. - (1.) THIS writ petition has been filed by the petitioners challenging the order passed by the Dy. Director of Consolidation (for short, DDC) dated 18.9.2006, whereby Revision No. 739 filed by Sanjeev Kumar, respondent No. 5, and Revision No. 740 filed by Manoj Kumar, respondent No. 4, have been allowed, disturbing the chak of the petitioners. I have heard Sri S.K. Tyagi, learned Counsel for the petitioners, as also Sri Jai Singh Chandel, who appears for the contesting respondents.
(2.) BRIEFLY stated, the facts of the case are that the dispute basically pertains to plot Nos. 318 and 320. These plots were original holding of one Gurumukh Singh who transferred his entire holding in favour of one Lallu Singh, son of Chhajju Singh, who in turn, sold the same to the petitioners. At the Consolidation Officer (for short, CO) stage, Gurumukh Singh was proposed a very small area of plot Nos. 318 and 320 in his chak. Even though plot No. 318 was his largest holding, having an area of 1.253 hectares, wherein his one -fourth share amounted to 0.313 hectares. Aggrieved by the said proposal, Lallu Singh, the transferee of Gurumukh Singh, filed an objection. The Consolidation Officer decided several objections by a common order, and, in the process, excluded plot Nos. 318 and 320 from his chak and allotted udan chak over plot Nos. 264/1, etc.
(3.) AGGRIEVED by the said order, Lallu Singh preferred an appeal No. 93, under section 21(2) of the U.P. Consolidation of Holdings Act. The Settlement Officer, Consolidation (for short, SOC) by his order dated 16.8.2004 allowed the appeal of Lallu Singh allotting him all areas of plot Nos. 319 and 320, which had been allotted in the chak of the contesting respondents Sanjeev Kumar, as also Manoj Kumar, who are real brothers.;