RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Hasan Abidi, for the petitioners and Sri Brajesh Shukla, for respondent -4.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation dated 17.10.2014 and Deputy Director of Consolidation dated 12.02.2015, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) PLOT 578 (area 0.522 hectare) of village Dagrauli, tahsil Hasanpur, district Amroha was the original holdings of the petitioners and respondent -4, in which petitioners -1 and 2 and respondent -4 had 1/4 share each and Smt. Premwati (petitioner -3) had 1/12 share. This plot 578 situates by the side of road. Assistant Consolidation Officer proposed one chak to Chhotey (petitioner -1) (chak -253) on plots 578 (area 0.125 hectare) and 577 (area 0.007 hectare). Phool Singh (petitioner -2) (chak -503) was proposed one chak on plots 578 (area 0.115 hectare) and 577 (area 0.006 hectare). Smt. Premwati (petitioner -3) (chak -457) was proposed one chak on plots 577 (area 0.006 hectare), 578 (area 0.079 hectare) and 579 (area 0.026 hectare). Bheem Sain (respondent -4) (chak -562) was proposed one chak on plots 577 and 578 of total area 0.125 hectare. Smt. Mangalo (respondent -3) purchased 1/4 share in plot 567 (area 0.470 hectare from Hari Singh through sale deed dated 19.07.2003 and 2/3 share in plot 627 (area 0.660 hectare) from Smt. Shanti Devi and Smt. Veerwati. Smt. Mangalo (respondent -3) (chak -628) was proposed an uran chak on plot 578 of the area 0.074 hectare. Chhotey (petitioner -1) filed an objection (registered as Case No. 413) under Section 21 of the Act, stating therein that plot 578 was a roadside land and was having commercial value. Smt. Mangalo was illegally allotted chak on plot 578. Consolidation Officer, by order dated 18.09.2014 allowed the objection of Chhotey and shifted chak of Smt. Mangalo towards south of the chaks of the petitioners and respondent -4.;