- (1.) HEARD Sri K.C. Kishan Srivastava for the petitioner and Sri Dan Bahadur Yadav and Sri Manoj Kumar Yadav for the respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 11.02.2014 by which he has shifted his place of land reserved for general abadi as well as land reserved for the purposes of village potters towards boundary of the village and carved out a chak road up to it. It is stated that earlier an area of 0.020 hectare was reserved for general abadi and an area of 0.008 hectare was reserved for village potters in plot 4. The petitioner filed an objection under Section 9 -B of UP Consolidation of Holdings Act 1953 (hereinafter referred to as the 'Act') for reservation of 0.020 hectare more area in plot 4 for extension of general abadi. On which a report has been called for. The Assistant Consolidation Officer submitted his report. The Consolidation Officer, after considering the report of Assistant Consolidation Officer, by order dated 1.8.2012, reserved an area of 0.020 hectare in plot 4 as land for general abadi. Respondent -2 filed two appeals against the aforesaid order of reservation of the land for extension of general abadi as well as land for village potters. The Settlement Office Consolidation consolidated and decided both the appeals and by order dated 11.12.2013 dismissed both the appeals. Respondent -2 therefore filed two revisions from the aforesaid orders which have been allowed by Deputy Director of Consolidation by order dated 11.12.2014. Hence this writ petition has been filed.
(3.) THE counsel for the petitioner submits that land for extension of general abadi was reserved on the application of the petitioner but the petitioner was not impleaded as party in the appeals filed by respondent -2. However, he for the first time impleaded the petitioner in the revisions as party. Respondent -2 has no locus standi in the matter and the revision ought to have been dismissed. The land reserved for general abadi was reserved on the application of the petitioner which was lying in front of his old abadi, however it has been illegally shifted from this place due to which the petitioner has been deprived from his abadi.;