ANIL KUMAR, J. - (1.) HEARD Shri Ajay Kumar Mishra, learned counsel for the petitioner, learned State Counsel appearing on behalf of opposite party nos.1 to 3, Shri Yogendra Nath Yadav, learned counsel appearing on behalf of opposite party no.9 and perused the record.
(2.) FACTS in brief of the present case are that the petitioner/Chakdar No.348 is the original tenure holder of 1/4 share of Gata Nos.199/0.506 hectare, 362/0/582 hectare, 368/0.658 hectare, 394/0.443 hectare, 417/0.278 hectare, 423/0.304 hectare, 428/0.284 hectare, 431M/0.252 hectare i.e. total 8 kitas area 3.307 hectare situated in village Abdulpur, Pargana Bangar, Tehsil and District -Hardoi. When the matter was under consideration before the Assistant Consolidation Officer, he proposed the chaks to the petitioner on largest Gata No.368M area 0.310 including other Gatas.
(3.) THEREAFTER , some persons who are chak holders has filed objection against the chak allotment by the Assistant Consolidation Officer, before the Consolidation Officer. The said authority, by order dated 24.02.2011, had decided the same. Aggrieved by the said order, petitioner filed an appeal before the Settlement Officer of Consolidation, Hardoi. In the appeal, the ground taken by the petitioner is that Gata No.368M is his original largest gata and adjoining to it the house of the petitioner is situated in the length of North -South in the direction of East and also there are standing many trees of Jackfruit and Eucalyptus, Bel, Mangoes planted by the petitioner. Settlement Officer of Consolidation, Hardoi, by order dated 20.11.2013, partly allowed the appeal filed by the petitioner thereby granting the chak at Gata No.368M, 394M on the valuation 24.79 in lieu of the end of Chak at Gata No.425, 428M on the valuation 24.79.;