- (1.) HEARD Sri S.K. Tyagi, for the petitioners, Sri A. K. Sachan, Sri S. Shekhar and Sri S. S. Shukla, for the contesting respondents.
(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 04.10.2011, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").
(3.) THE petitioners were co -tenure holders in plots 1, 2, 3, 4, 5, 6, 11, 12, 13, 40, 127, 190, 431, 439, 440, 441, 443, 531, 532, 536, 541, 542, 543, 656, 657 and 676 of village Khindaura, pargana Jalalabad, district Ghaziabad. Smt. Sarnishtha Devi (petitioner -1) (chak -1158) was proposed one chak on plots 424, 433, 435, 436, 437, 438, 439, 440, 441, 442, 443 and 535 of the area of 0.809 hectare. Smt. Sushma (petitioner -2) (chak -1157) was proposed two chaks, first on plots 2, 3, 10, 11, 12 and 14 and second on plots 533, 542, 543, 551 and 552 of total area 1.161 hectare. The petitioners filed their objections for allotment of their chaks on plot 656 on the ground that they had their private source of irrigation on plot 656. Consolidation Officer, by order dated 25.02.2010 allowed their objections and allotted a second chak to Smt. Sarnishtha Devi on plots 656 and 662 of the area of 0.144 hectare and third chak to Smt. Sushma on plots 656 and 662 of the area of 0.139 hectare. Shobharam (respondent -4) (chak -1082) had his original holdings of plots 381, 400, 464, 475, 476, 477, 660, 670, 839 and 918. Shobharam was proposed two chaks, first on plots 656, 657, 658, 659, 660, 661, 662 and second on plots 917, 918, and 919. Consolidation Officer, by order dated 30.01.2010 modified chaks of Shobharam and allotted a third chak on plots 806, 814, 815, 830, 839 and 840. Shobharam filed a time barred appeal, from order dated 25.02.2010, along with delay condonation application. He has stated that total valuation of his original holdings was 293.39 paisa. Out of which valuation of 256.36 paisa was of the land, valued at the rate of 70 paisa and 31.95 paisa was of the land, valued at the rate of 40 paisa. But Consolidation Officer has allotted chak to him of the land valued at the rate of 90 paisa, due to which area of his chak has been substantially reduced. Settlement Officer Consolidation, by order dated 16.08.2010, condoned the delay in filing the appeal and allowed the appeal and restored his chak of the stage of Assistant Consolidation Officer. But his area of first chak was enhanced to 1.203 hectare from 1.136 hectare. Due to which area of his chak on plot 918 has been reduced. However, Settlement Officer Consolidation, by subsequent order dated 02.05.2011, recalled order dated 16.08.2010, on the application of Sukhdev (respondent -5) and dismissed the appeal of Shobharam.;