Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Anil Sharma, for the petitioner. Standing Counsel, for respondent -1 and Sri Amresh Singh, Standing Counsel for Gram Panchayat. Sri R.K. Pandey and Sri Pawan Kumar Shukla, for respondent -8 and Sri Vikas Budhawar, for respondent - 10. With the consent of the parties, writ petition is decided finally. The writ petition has been filed against the order of Deputy Director of Consolidation dated 20.3.2015 allowing the revision of respondent -8 and setting aside the orders of Consolidation Officer dated 28.8.1989 and 30.10.2013 and Settlement Officer Consolidation dated 8.5.2014 and remanding the case to Consolidation Officer for deciding the dispute, after spot inspection and giving opportunity of hearing to the parties, arising out of proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) THE dispute relates to subdivision of old plot 306. In basic consolidation year, plot 306 (area 1.132 hectare) was recorded in khata 152 of village Ranet Gobindpur, pargana Bisauli, district Badaun, in the names of Sohan Pal son of Roshan Lal and Mohar Singh son of Girand. During partial, share of the parties were noted as 1/2 each. In revised map area of plot 306/1 was noted as 0.367 hectare, plot 306/2 as 0.423 hectare and 306/3 as 0.342 hectare. Entire area of plot 306 was chak out and all the sub -plots of plot 306 was recorded in CH Form -23 in the name of Sohan Pal son of Roshan Lal and Mohar Singh son of Girand in chak 346. It appears that another report was submitted by Consolidator, on the basis of which Consolidation Officer, by ex -parte order dated 28.8.1989, directed for recording plot 306/2 (area 1 -13 -10 bigha) as road as undivided With land i.e. "sarak shamil Jot" and 306/3 (area 1 -7 -0 bigha) as banjar undivided with land i.e. "banjar shamil Jot". Entire area of plot 306 was chak out. There is nothing on record to show that any partition between the co -sharers was taken place under section 9 -C of the Act. It is alleged that the co -sharers remained in possession according to their previous partition and they used to sell it also to different persons.
(3.) ADMITTEDLY , by notification dated 5.7.1977, under section 4 of Land Acquisition Act, 1894, an area of 1.05 acre of plot 306 was acquired by PWD Department U.P. for construction of road, on which road been constructed through plot 306. Anil Kumar Gera (the petitioner) purchased an area of 0.184 hectare of plot 306/1 from Mohar Singh through sale -deed dated 8.3.1995, over which, he had installed a Petrol Pump. M/s. Krishak Sugar Works also purchased some area of plot 306. Smt. Kanti Devi (respondent -8) purchased 1/2 share from Mohar Singh of plot 405 -Ka (area 0.423 hectare) through sale -deed dated 1.1.2011. Then dispute arose between Smt. Kanti Devi and Anil Kumar Gera, as both of them began to claim, land abutting to road. Litigation between the parties was initiated before Civil Court also, which is not relevant for this case.;