Anjani Kumar Mishra, J. - (1.) HEARD Sri Yogeshwar Kumar Singh, learned Counsel for the petitioner in Writ Petition No. 8026 of 1990. He also appears for the respondents in the connected Writ Petition Nos. 21538 of 1993 and 53995 of 2004, Sri Subodh Kumar, who appears for the contesting respondents in Writ Petition No. 8026 of 1990 and is Counsel for the petitioner in Writ Petition No. 33859 of 2001. Writ Petition No. 8026 of 1990 is directed against the order dated 17.3.1990 passed by the Deputy Director of Consolidation, Rampur and arises out of proceedings for allotment of chaks. The petitioner is holder of chak No. 84, Jagir Singh, respondent No. 2 is holder of chak No. 23 and respondent No. 3 is holder of chak No. 79.
(2.) IT has been submitted by learned Counsel for the petitioner that at the A.C.O. stage, he was proposed a single chak on plot Nos. 200/9 and 46. Aggrieved by such proposal, the petitioner filed an objection demanding a chak on plot Nos. 22 and 24, which was Gaon Sabha land, situated near the Abadi. The objection is stated to have been dismissed by the Consolidation Officer by his order dated 27.4.1989. However, copy of this order has not been filed along with the writ petition. Against the order dismissing the objection, the petitioner filed an appeal, which was allowed by the Settlement Officer, Consolidation by his order dated 20.10.1989. This appeal had been filed by the petitioner on the ground that the valuation of plot Nos. 20, 23, 22, 56, 57, 58 and 59 had been reduced and the same had been allotted in the chak of Jagir Singh and Surendra Kaur, respondents 2 and 3 in the writ petition, thereby causing loss to the Gaon Sabha. It was further prayed that these plots be proposed in the chak of the petitioner on the existing valuation of 80 paise. While allowing this appeal, the Settlement Officer, Consolidation held that there was no justification for reducing the valuation of the plots in question and the valuation, which had been reduced by the Consolidation Officer, was restored back to, as it existed at the A.C.O. stage i.e. 80 paise. Consequently and in view of the fact that the petitioner was agreeable to the inclusion of these plots at their valuation of 80 paise, even though they were not his original holdings, this order allotted the petitioner a chak on plot No. 46 as proposed at the ACO stage.
(3.) BY the same order, connected appeal filed by Jagir Singh, respondent No. 2 was dismissed, although some modification was required in his chak on account of the increase in valuation to 80 paise.;