RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri Shyam Krishna Gupta, for the petitioner and Sri Rahul Sahai, for the contesting respondents.
(2.) THE writ petition has been filed for quashing the order of Consolidation Officer dated 16.01.2014, recalling the order dated 12.08.2008 passed in proceeding under Rule 109 -A of UP Consolidation of Holdings Rules, 1954. Plot 139 (area 0.178 hectare) of village Kumhaila, pargana and district Ballia was the original holding of Rama Shankar, father of the petitioner. During consolidation, valuation of this plot was determined and reserved for extension of abadi and khalihan. Rama Shankar was allotted chak on plot 30 of its valuation. The Consolidation Officer by order dated 18.10.1995 made some change in the chak of Rama Shankar and allotted him chak on plots 28, 30 and 34. Rama Shankar filed an appeal under Section 11 of the Act, challenging determination of the valuation of plot 139. Kalika (respondent -2) filed another appeal from the order of Consolidation Officer in chak allotment matter, which were decided on the basis of compromise between the parties by Settlement Officer Consolidation, by order dated 10.06.1996.
(3.) UP -Pradhan of the village filed a revision from the aforesaid order, which was allowed by Deputy Director of Consolidation, by order dated 24.09.1999. The petitioner filed a recall application. In the meantime time one Indradev filed a revision against the order of Consolidation Officer, stating therein that a part of plot 139 was 'dev -sthan' and its valuation has been wrongly determined. Deputy Director of Consolidation by order dated 30.07.2003 allowed the recall application of the petitioner and recalling the order dated 24.09.1999, dismissed both the revisions filed by Up -Pradhan and Indradev. Thereafter, one Ayodhya filed a review application, which was allowed by Deputy Director of Consolidation by order dated 18.07.2005. The petitioner filed Writ Petition No. 53930 of 2005, which was allowed by judgment dated 20.05.2007 and order of Deputy Director of Consolidation, dated 18.07.2005 was quashed.;