S.U.KHAN, J. - (1.) THIS is a review petition filed by the petitioner seeking review of my judgment and order dated 24.3.05 as modified on 24.5.05 on the application of Rajaram respondent No. 6 in the writ petition.
(2.) MATTER relates to preparation of final decree in respect of agricultural land jointly held by the petitioner and private respondents in the writ petition. The order of the Board of Revenue dated 28.2.05 challenged in the writ petition has the effect of directing the trial court to prepare fresh Kuras (lots). Initially the trial court had refused to accept the Kuras submitted by the Lekhpal. The said order was set aside in the revision by the Additional Commissioner, However, the order of Additional Commissioner was set aside by the Board of Revenue in revision. The effect of order of Board of Revenue is that trial court / S.D.O. is to re -determine Kuras. There is absolutely no dispute regarding the shares, which have already been declared through preliminary decree.
(3.) IT appears that a particular plot of land is adjacent to road (National High Way) hence each party is very much keen to have that plot in his Kura (lot). The contention of learned counsel for the petitioner/applicant in the review petition is that the said plot is in exclusive possession of the petitioner for about 40 years hence under Rule 131 (1) ( e )of U.P.Z.A.L.R. Act it shall be allotted to the petitioner. Rule 131(1) of U.P.Z.A.L.R. Act, is being quoted below: '131. (1) In making partition of a holding into two or more portions the following principles shall be observed: (a) The valuation of the portion allotted to each party shall be proportionate to his shares in the holding. (b) The portion allotted to each party shall be as compact as possible. (c) As far as possible no party shall be given all the inferior or all the superior classes of land. (d) As far as possible existing fields shall not be split up. (e) Plots which are in the separate possession of a tenure -holder shall as far as possible be allotted to such tenure -holder if they are not in excess of his share.' ;