Krishna Murari, J. - (1.) Heard Sn Anupam Kulshreshtha, learned Counsel for the petitioner and Sri Jitendra Pal Singh appearing for contesting respondent No. 2.
(2.) The writ petition arises out of proceedings of chak allotment. Against the proposed allotment made by Assistant Consolidation Officer, the petitioner filed an objection under section 20 of the U.P. Consolidation of Holdings Act (for short 'the Act') which was dismissed by the Consolidation Officer on 7.8.1990 Feeling aggrieved the petitioner filed an appeal. The grievance of the petitioner was that though he was a co-tenant in plot Nos. 18 and 34 which are situate near the village along with respondent No. 2 but he has not been given any chak on the said plots. The Settlement Officer Consolidation vide order dated 11.10.1990 allowed the appeal and allotted a second chak to the petitioner over plot Nos. 33 and 34 of the valuation of 56.300 paisa. Respondent No. 2 filed an appeal against the said order. The Deputy Director of Consolidation vide impugned order dated 31.1.1991 allowed the revision filed by respondent No. 2 only on the ground that the private source of irrigation of respondent No. 2 existing on plot No. 34 has been allotted by the Settlement Officer Consolidation in the chak of the petitioner.
(3.) The petitioner has categorically stated in paragraph 11 of tire writ petition that the tube well situate in plot No. 34 has not been allotted in his chak but it has gone to the chak of respondent No. 3 who is real brother of respondent No. 2. In paragraph 4,13 and 14 of the counter affidavit though it has been stated by respondent No. 2 that he has been deprived of his private source of irrigation but this fact has not at all been denied that the tube well situate in plot No. 34 has been allotted in the chak of respondent No. 3 who is his brother. In paragraph 4 of the rejoinder affidavit, the petitioner has again made categorical averment that boring existing in plot No. 34 was allotted in the chak of respondent No. 3 by the Assistant Consolidation Officer.;