- (1.) THIS writ petition and writ petition No.45811 of 2006 have been filed against orders passed in reference proceedings under Section 48(3) of the U.P. Consolidation of Holdings Act, 1953. Since they involve almost identical facts the same are being decided by a common order.
(2.) I have heard Sri Ayub Khan learned counsel for the petitioners in both the writ petitions. The impugned order in this writ petition has been passed in Reference No.423 while the order impugned in Writ Petition No.45811 of 2006 has been passed in Reference No.372. The petitioner in this writ petition is holder of Chak No.61 while the petitioner in the second writ petition is holder of Chak No.57. Both the petitioners were proposed separate chaks However, both were allotted land of the plots in dispute which are plot nos.347, 348, 349,350, 248, 254 and 289/2 and which were subject matter of impugned reference proceedings. It is the common case in both the writ petitions that the plot nos.347, 348, 349,350, 248, 254 and 289/2 ( referred to as plots in dispute ) were plots recorded in the name of Gaon Sabha and were not chakout and therefore allotted in the chaks of various persons during carvation of chaks. On 30.7.2004 an objection was filed under Section 9 -B of the U.P.Consolidation of Holdings Act, 1953 praying that the aforesaid plots be excluded from consolidation operations and they be declared chak out.
(3.) ON the aforesaid application, a report was called for from the Consolidator which was submitted on 20.9.2004.;