RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Triveni Shankar, for the petitioner and Sri R.C. Singh, for the contesting respondents.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation dated 23.04.2012 and Deputy Director of Consolidation dated 30.01.2014 passed in proceeding under Section 42 -A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) PLOT 28 (area 8 -17 -1 Bigha) of village Mathrafipur alias Shivdaspur, pargana Saidpur, district Ghazipur was original holdings of Kripa Shankar (now represented by respondents -3 to 5), Ram Subhag, Jagdish, Subhash (the petitioner) sons of Har Govind and Smt. Vidya Devi widow of Kailash, in which they had equal 1/5th share each. During partal in consolidation, an area of 0 -2 -10 bigha of plot 28/1 was found as abadi and remaining area of 8 -14 -11 bigha of plot 28/2 was agricultural land. In consolidation, Kripa Shankar (chak -11) was allotted chak on plots 24 (area 0 -4 -0 bigha), 25 (area 0 -3 -10 bigha) and 28/2 (area 1 -13 -3 bigha) (total area 2 -0 -13 bigha), which was numbered as new plot 104. New abadi plot 105 was left on plot 24 (area 0 -1 -17). Nali, new plot 106 was carved out on plot 28/2 (area 0 -1 -10 bigha), The petitioner (chak -241) was allotted his second chak on plot 28/2 (area 1 -9 -13 bigha), which was numbered as new plot 107. Old abadi of the petitioner and his co -sharers, which were on plot 26/2 (area 0 -4 -0 bigha) and 28/1 (area 0 -2 -10 bigha) (total 0 -6 -0 bigha) was numbered as new plot 108. Old plot 26/1 (area 0 -6 -0 bigha) was numbered as new plot 109, is banjar land. Ram Subhag (chak -174) was allotted his second chak on plot 28/2 (area 1 -9 -5 bigha), which was numbered as new plot 110. Ram Subhag executed a sale deed dated 27.01.1987, of his second chak on plot 28/2 (area 1 -9 -5 bigha) to Biraju (respondent -7) and Ghurbhari (now represented by respondent -6), and their names were recorded over it.;