Ram Surat Ram, J. - (1.) HEARD Sri R.A. Tripathi, for the petitioner and Sri A.K. Singh, for respondents -4, 6, 7 and 8. Amendment and Impleadment applications filed today are allowed. The writ petition has been filed against the orders of Consolidation Officer dated 18.5.2010, Settlement Officer Consolidation dated 17.8.1995 and 19.2.2011 and Deputy Director of Consolidation dated 27.10.2014, passed in chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(2.) PLOTS 125, 181/1 and 181/2 which were original holdings of the petitioner were chak out. Plots 181/3 (area 0.091 hectare), 251 (area 0.130 hectare), 253 (area 0.170 hectare) and 400 (area 0.085 hectare), original holdings of the petitioner, were included in chak allotment proceedings. Assistant Consolidation Officer proposed three chaks to the petitioner, first chak was proposed on plot 181/2 (area 0.088 hectare), second chak was proposed on plots 398/2, 400 and 401 (area 0.123 hectare) and third chak was proposed on plots 222/2, 247, 253, 259, 260, and 261 (area 0.2281 hectare). Previously, the petitioner was demanding a chak adjacent to his abadi on plot 277. Settlement Officer Consolidation by order dated 17.8.1995 allotted a chak to the petitioner on plots 239, 240 and 277, due to which his chak on plots 251 and 253 etc. was deleted. At present the grievance of the petitioner is in respect of his third chak. According to the petitioner plots 251 and 253 are roadside land. 2/3rd area of these two plots situates in northern side of the road, on which Jai Prakash and others were illegally allotted chak while 1/3rd area situates in southern side of the road, which was allotted in the chak of the petitioner taking some area of plots 259, 260 and 416. It appears that Deputy Director of Consolidation by order dated 31.10.2009, set aside the orders of Consolidation Officer dated 30.6.2007 and Settlement Officer Consolidation dated 15.11.2008 and remanded the matter for . deciding the chak objection of Ram Janki Trust and the petitioner afresh. After remand, the matter was heard by Consolidation Officer, who by order dated 18.5.2010, deleted the chak of the petitioner on plots 277 etc. and in lieu of it the petitioner was allotted chak on 222/2, 251, 253, 259, 260 and 416. The petitioner filed an appeal (registered as Appeal No. 166), which was heard by Settlement Officer Consolidation along with 5 other chak appeals, who by order dated 19.2.2011, dismissed all the appeals. The petitioner filed two revisions (registered as Revision Nos. 347 and 176/296/303) against the aforesaid orders, which was dismissed by Deputy Director of Consolidation by order dated 27.10.2014. Hence this writ petition has been filed.
(3.) THE Counsel for the petitioner submitted that plots 251 and 253 are roadside land 2/3rd area of these two plots situates in northern side of the road, on which Jai Prakash and others were illegally allotted chak. While 1/3rd area of these plots situates in southern side of the road, which was allotted in the chak of the petitioner, taking some area of plots 259, 260 and 416, on which, chak of the petitioner is uran. Roadside land is having commercial value and ought to have been allotted in the chak of the petitioner. Grievances of the petitioner have not been considered by the consolidation authorities.;