RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Pradeep Kumar Rai, for the petitioners and Sri Awadhesh Kumar Singh, holding brief of Sri Janardan Singh Yadav, for respondents -4 and 5.
(2.) THIS writ petition has been filed against the orders of Settlement Officer Consolidation, dated 03.04.2010 and Deputy Director of Consolidation dated 29.09.2014, passed in the proceeding under Section 9 -B of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) THE dispute is in respect of plot 477 (area 0 -4 -6 bigha) of village Kusmuhikhurd, tahsil Saidpur, district Ghazipur, which was the original holding of the petitioners. During partal land in dispute was recorded as 'parati' land and was recorded as such in CH Form -2 -A. At the time of preparation of Statement of Principles' valuation of this plot was determined at the rate of 10 paisa and an area of 0 -0 -10 bigha was reserved for burning "holika". The village was notified under Section -9 of the Act, in the year 1988. The petitioners did not file any objection either against the determination of valuation of plot 477 or reserving an area of 0 -0 -10 bigha of this plot for burning "holika". Thereafter Provisional Consolidation Scheme was framed in which remaining area of 0 -3 -16 bigha of plot 477 was allotted in the chak of respondents -4 and 5. The village was notified under Section 20 of the Act in the year 1989 but the petitioners did not file any objection under Section 20 of the Act against the allotment of plot 477 in the chak of respondents -4 and 5 and chaks were confirmed. The petitioners filed a time barred objection on 04.02.2009 (registered as Case No. 2035 of 2009 -10) for deleting the valuation of plot 477 and keeping this plot as chak out along with delay condonation application. In the objection, the petitioners have stated that the land in dispute was adjacent to abadi and was used as 'sahan' land through out. It is only when delivery of possession over the confirmed chak took place in the year 2008, then they came to know that valuation was determined of the land in dispute and it was allotted to respondents -4 and 5. Land in dispute was never in cultivation and is liable to keep as chak out. Determination of its valuation and allotment in the chak of respondents -4 and 5 was illegal. Respondents -4 and 5 filed their objection and contested the application under Section 5 of the Limitation Act, 1963 as well as the objection. They have stated that land in dispute was cultivatory land and its valuation was rightly determined at the time of preparation of Statement of Principles' at the rate of 10 paisa and an area of 0 -0 -10 bigha was reserved for burning "holika". The village was notified under Section -9 of the Act, in the year 1988. The petitioners did not file any objection either against the determination of valuation of plot 477 or reserving an area of 0 -0 -10 bigha of this plot for burning "holika". Thereafter Provisional Consolidation Scheme was framed in which remaining area of 0 -3 -16 bigha of plot 477 was allotted in the chak of respondents -4 and 5. The village was notified under Section 20 of the Act in the year 1989 but the petitioners did not file any objection under Section 20 of the Act against the allotment of plot 477 in the chak of respondents -4 and 5. Entire proceeding was in the knowledge of the petitioners and there was no ground for condonation of inordinate delay of 22 -23 years. The claim of the petitioner has become barred under Section 11 -A of the Act.;