Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Ashish Kumar Srivastava for the petitioners and Sri Sanjay Shukla for the contesting respondents. The writ petition has been filed against the orders of Consolidation Officer dated 27.8.2007, Settlement Officer, Consolidation dated 30.12.2011 and Deputy Director of Consolidation dated 27.3.2015 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(2.) PLOT No. 63, area 0.49 hectare and 66/1, area 0.39 hectare was the original holding of the petitioners in which the petitioners were having 1/2 share. The petitioners were allotted their chak taking an area of plot Nos. 66, 67, 61, 55 of 0.341 hectare. The petitioners filed an objection before the Consolidation Officer alleging that chak as allotted to them at this place had become in 'U' shape. Plot No. 66 was their original holding but Shyam Lal, respondent -4, has been allotted an uran chak at this place. The objection of the petitioners was considered by the Consolidation Officer, who by order dated 27.8.2007 found that the petitioners were allotted chak taking the land from back portion of their house and Shyam Lal was allotted chak in the back portion of his house. He, however, slightly modified the chak of the parties at this place and allotted chak to Shyam Lal on plot Nos. 62 and 67. Thereafter the petitioners filed an appeal against the aforesaid order before the Settlement Officer, Consolidation. The Assistant Settlement Officer, Consolidation by order dated 31.12.2007 allowed the appeal of the petitioners and allotted plot No. 61 to Shyam Lal. Shyam Lal challenged the aforesaid order in revision which was allowed by the Deputy Director of Consolidation by order dated 17.6.2009. The order dated 17.6.2009 was challenged by the petitioner in Writ B No. 40124 of 2009, which was allowed by this Court by order dated 5.8.2009 and the matter was remanded to the Settlement Officer, Consolidation for deciding the appeal afresh. After remand the Settlement Officer, Consolidation again after spot inspection by order dated 30.12.2011 dismissed the appeal of petitioners and the petitioners filed a revision against the aforesaid order which has been dismissed by the Deputy Director of Consolidation by order dated 27.3.2015. Thus, order of the Consolidation Officer dated 27.8.2007 has been maintained. I have considered the arguments of the Counsel for the parties.
(3.) THE grievance of the petitioners is that their chak had become in 'U' shape. By the order of the Consolidation Officer, Shyam Lal, respondent -4, has been allotted an area of 0.049 hectare of plot No. 62 and area of 0.03 hectare of plot No. 67 in his chak. Neither plot No. 62 nor plot No. 67 was the original holding of the petitioners rather plot Nos. 63 and 66 were the original holding of the petitioners. A small portion i.e. 0.052 hectare has been allotted on the back of the house of Shyam Lal to him, which is useful for the purpose of his house.;