- (1.) HEARD Sri Dan Bahadur Yadav for the petitioner and Sri B.L. Verma for the contesting respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 16.10.2014 passed in chak allotment proceeding under UP Consolidation of Holdings Act 1953.
(3.) THE dispute between the parties is related to the allotment of chak on plot no. 115 of village Muhiuddinpur, pargana Saremu, Tehsil Sadar, Distt. Jaunpur. Plot no. 115 area 0.243 hectare was the original holding of the petitioner as well as Shyamu, respondent -3, who are real brothers, in which the petitioner was having 1/4 share. Initially, the Assistant Consolidation Officer proposed two chaks to the petitioner. First chak was proposed on plot no. 146 area 0.151 hectare and second chak was proposed on plot no. 115 area 0.168 hectare. The petitioner filed an objection against the provisional consolidation scheme on 30.12.2013 before the Consolidation Officer in which he has stated that in family partition Shyamu, respondent -3 was also given his separate share on plot no. 115 but he has sold the earth of plot no. 115 due to which in his share a pit has been created on the spot accordingly the portion of pit be allotted in the chak of respondent -3. However the Consolidation Officer by the order dated 25.1.2014 rejected the objection of the petitioner. The petitioner filed an appeal against the aforesaid order which was decided by the Settlement Officer Consolidation along with the appeal filed by Lali. The Settlement Officer Consolidation by order dated 12.3.2014 partly allowed the appeal of the petitioner and by taking an area of 0.041 hectare of plot no. 115 from the petitioner allotted its valuation in his first chak of plot no. 146 and Shyamu, respondent -3 was allotted chak on plot no 115 of the area taken from the chak of the petitioner. Shyamu, respondent -3 challenged the order of Settlement Officer Consolidation in the revision. The petitioner also filed a revision against the order of Settlement Officer Consolidation and claimed for deleting the entire area of plot no. 115 from his chak. Both the revisions were consolidated and decided by the Deputy Director of Consolidation by order dated 16.10.2014 and valuation of plot no. 115 over which a pit was created was reduced from 90 paisa to 80 paisa? and? the chak of the petitioner of the stage of Assistant Consolidation Officer was restored. Due to reduction of valuation of plot no. 115, an area of 0.002 hectare has been increased in the chak of the petitioner. Hence this writ petition has been filed. I have considered the arguments of the counsel for the parties. Total area of plot no. 115 is 0.243 hectare in which the petitioner was having 1/4 share. However over an area of 0.020 hectare pit was dig by Shyamu, respondent -3. The dispute was only in respect of this portion of the land. In order to adjust equities between the parties the Deputy Director of Consolidation has reduced the valuation of plot no. 115 which was pit on the spot. Due to which the petitioner was compensated by increasing? area of his chak. Both the chaks of the petitioner is on his original holding.? In such circumstances, the equity has already been balanced. No interference is required by this Court. The writ petition is dismissed.;