RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri A. P. Tiwari, for the petitioner and S.N. Tripathi, for the contesting respondents.
(2.) THIS writ petition has been filed against the orders of Settlement Officer Consolidation dated 28.02.2013 and Deputy Director of Consolidation dated 18.12.2013 passed in chak allotment proceedings under U.P. Consolidation of Holdings Act,1953 (hereinafter referred to as the Act). Plots 169/2 (area 0.012 hectare), 170 (0.012 hectare) and 171 (area 0.032 hectare) were the original holdings of the petitioners along with other plots. The petitioner was proposed three chaks i.e. first chak was proposed on plots 6/2 etc. of an area of 1.440 hectare, second chak was proposed on plots 169/2 and 183 of an area of 0.036 hectare and third chak was proposed on plots 159 etc. of an area of 0.181 hectare. It may be mentioned that at the time of partal plot 169/1 (area 0.063 hectare) was found as rasta, 169/2 (area 0.012 hectare) was found as cultivatory land, 170 (area 0.012 hectare) was found as abadi land, plot 171 (area 0.336 hectare) was found as abadi land, plot 171 (area 0.028 hectare) was found as Banjar and plot 171 (area 0.032 hectare) was found as abadi land and recorded as such in CH Form -2 -A. However at the time of preparation of Statement of Principle these plots 169/2 (area 0.012 hectare), 170 (0.012 hectare) and 171 (area .032 hectare) were valued at the rate of 80, 70 and 60 paisa. No one filed any objection against the determination of valuation of these plots.
(3.) KAPIL Deo (respondent -4) was allotted chak on plots 336, 337 and 360 by the order of Consolidation Officer dated 31.10.2012 passed in Case No. 204. Respondent - 4 filed an appeal (registered as Appeal No. 1028) from the aforesaid order of Consolidation Officer. In the appeal, respondent -4 stated that plot 360 was low level land and an area of 0.131 hectare of this plot has been allotted in his chak, who is a small tenure holder having total area of 0.221 hectare as such this plot be taken from his chak and its valuation be allotted to him on his original holdings of plot 184, which is near to the abadi. The appeal was consolidated with other chak appeals of the village and heard by Settlement Officer Consolidation, who by order dated 28.02.2013, held that during spot inspection, it was found that plot 169/2 was adjacent to rasta on plot 169/1, 170 ( area 0.012 hectare) was bachat and 171 (area 0.032 hectare) was abadi on the spot as such plots 169/2, 170 and 171 were liable to leave as chak out. Plots 169/2, 170 and 171 were original holdings of the petitioner. Plot 184 was original holdings of respondent -4 and has been left for extension of Harizen abadi. By deleting Harizen abadi from plot 184, respondent -4 was entitled for a chak on his original holdings which is near the abadi. On these findings the appeals were allowed by order dated 28.02.2013 and valuation of plots 169/2, 170 and 171 were deleted. Due to which valuation of Rs. 3.76 was reduced from the chak of the petitioner and his second chak on plots 169/2 and 183 was abolished. Respondent -4 was allotted chak on plots 183 and 184 of 0.056 hectare.;