- (1.) HEARD Sri Uma Nath Pandey and Sri Shiv Ram Dubey, for respondent -3, who has filed this review application along with delay condonation application.
(2.) AFTER hearing the counsel for both the parties, the writ petition was allowed by judgment dated 25.07.2013. Respondent -3 has filed this review application along with delay condonation application. In order to examine the merit, the arguments of the counsel the respondents on merit was heard. In the interest of justice, delay in filing the review application is condoned and review application is being decided on merit.
(3.) THE writ petition was filed against the orders of Settlement Officer Consolidation (respondent -2) dated 28.04.2012 and Deputy Director of Consolidation (respondent -1) dated 19.07.2012, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The disputes between the parties were for allotment of chak on plot 677. Hansraj (respondent -3) and Banshraj were real brothers and had 1/2 share each in plot 677. Banshraj sold his 1/2 share to Mewa Lal, Goraknath, Nand Lal and Harish Chandra sons of Mathura (the petitioners) through registered sale deed dated 17.10.1989. It appears that subsequently land was also transferred to Ram Milan (respondent -4) also. At present, in the northern side of plot 677 there is a pitch road and in eastern side there is chak road. Assistant Consolidation Officer proposed a chak to Hansraj on plot 677 in north -south giving frontage on the road in north allotting valuation of his other plot 792/1 also. Against the provisional consolidation scheme, six separate objections (five objections by the petitioners and one objection by respondent -4) were filed. The petitioners and respondent -4 took the plea that at the time when the land was sold to them, northern portion was low level land (in the shape of the pit) as such they were given possession in the northern side and southern half portion was given in the share of Hansraj. After purchasing the land in dispute, they leveled by filling soil in it and made it cultivable. Since the sale deed, they were in exclusive possession in the northern portion of the land. Assistant Consolidation Officer has illegally proposed chak to respondent -3, giving northern portion to him. The consolidation Officer consolidated the aforesaid six objections and decided by a common order. The consolidation Officer, by order dated 04.07.2011 found that house of Ram Milan was in north -east corner while possession of Hansraj was in the southern 1/2 portion. As such he allotted chak to respondent -3 in the southern side.;