- (1.) HEARD Sri R.S. Misra for the petitioner and Sri Prabhakar Singh for respondents -5 and 6, Sri Amulya Ratan Srivastava for respondent - 7 and Sri Jeevan Prakash Sharma for respondent -8.
(2.) THIS writ petition has been filed against the order of DDC dated 1.1.2014, passed in chak allotment matters, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act"). The dispute between the parties is in respect of allotment of chak on plot no. 116 of village Ramna pargana Dehat Amanat, tahsil and district Varanasi. Plot nos. 116, 215 and 164 were the original holdings of the petitioner and his two brothers, namely Lalji and Bhailal, respondents -7 and 8, respectively. During consolidation, the petitioner was proposed three chaks, i.e. the first chak was proposed on plot no. 164, etc. of an area of 0.320 hectare, the second chak was proposed on plot no. 116, etc. of an area of 0.269 hectare and the third chak was proposed on plot no. 215, etc. of an area of 0.466 hectare. It is stated that earlier, an objection has been filed by the petitioner and his two brothers. The CO by order dated 21.6.1999 allowed the objection and according to his demand, the petitioner was allotted chak on plot no. 215/11, taking valuation from plot no. 116. It appears that in the meantime, for construction sewage treatment plant by Ganga Pollution Control Unit, the land of plot no. 215 has been acquired. The petitioner then filed an objection before the CO u/s 20 of the Act for allotment of chak on plot no. 116, which has been rejected by the CO by order dated 15.9.2007, on the ground that the chak objection of the petitioner had already been decided and the second objection was not maintainable.
(3.) THE petitioner filed a revision, i.e. Revision No. 2081/07 against the order dated 15.9.2007, which has been allowed by the DDC by order dated 11.12.2007 on merit. The order has been challenged by Bhailal in Writ - B No. 4736/2008, which has been allowed by this Court by order dated 28.1.2008 and the order of DDC dated 11.12.2007 was set aside and the matter was remanded to the DDC to decide the revision after hearing the affected persons. It is stated that after remand, the petitioner filed a time -barred appeal on 26.5.2009 against the order dated 21.6.1999, which has been dismissed in default on 20.5.2010. The petitioner then filed a time - barred revision on 23.2.2010 against the order dated 21.6.1999. Both the revisions were consolidated and decided by the impugned order of DDC dated 1.1.2014 and both the revisions have been dismissed. The DDC has held that earlier the petitioner and his brothers were given chaks according to their demand and they were satisfied. It is only when the land of the chak of the petitioner on plot no. 215 was acquired for the purposes of construction of sewage treatment plant by Ganga Pollution Control Unit, then he has filed the fresh objection, concealing the fact of filing of his previous objection, which has been decided on 21.6.1999 and thereafter, filed a time -barred revision in the matter. Since the chak allotment proceeding has already become final in the year 1999, it was not found appropriate to allow the revisions and the revisions were dismissed.;