- (1.) HEARD Sri Ram Niwas Singh and Sri K.C. Kishan Sriavatava, for the petitioners and Sri Rajeev Mishra, for the contesting respondents, in both the writ petitions.
(2.) THESE writ petitions have been filed against the same order of Deputy Director of Consolidation dated 10.10.2012, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").
(3.) BHUIDHAR (father of Ram Dev), Indrapati (father of respondents -3 to 6 and 10) and one Jagpati were real brothers and co -tenure holders, having 1/3 share each. They have their houses in plot 532, which was joint holding. Apart from joint holdings, they also had some self acquired land. Plot 472 (area 0.085 hectare), which was joint holdings of the aforesaid persons, situates in north of plot 532. Plot 533 (area 0.178 hectare), which was exclusive original holdings of Ram Dev, the petitioner, situates in south of plot 532. The dispute between the parties was for allotment of chak near abadi plot 532. Initially, Ram Dev (chak -355) was proposed three chaks, i.e. first chak of 0.376 hectare was on his original holding of plot 533, taking land of plots 518, 519, 528, 529 and 530, second chak of 0.224 hectare on his original holding on plot 423 etc., and third chak of 0.290 hectare on his original holding on plot no. 439, etc. Ram Dev filed two objections under Section 20 of the Act, for changing direction of third chak from north -south to east -west and for carving out chak road in straight way in south of his first chak. The Consolidation Officer heard the objections of Ram Dev along with other chak objections of the village and by order dated 29.09.2011 dismissed the objections of Ram Dev. However, his first and third chaks were slightly modified.;