- (1.) Heard Shri V.N. Singh, counsel for the petitioners and Shri P.C. Singh for the contesting respondents.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 27.4.2015 passed in chak allotment proceedings under the U.P. Consolidation of Holding Act 1953.
(3.) The dispute between the parties is in respect of allotment of chak of plot no. 133. Plot No. 133 (area of 0.300 hectare) was the original holding of Lalta Prasad, (now, represented by the respondent nos. 4 and 5). It is admitted to the parties that this plot is situated on road side. Plot No. 132 is the original holding of the petitioner, which is also situated on road side. From the stage of Assistant Consolidation Officer. Lalta Prasad and others were allotted chak Plot No. 133, however, an area of 0.096 hectare of plot No. 133 was left as Bachat land. Lalta Prasad and others filed objections for allotment of entire area of plot No. 133 in their chaks In these objections, a report has been called for from the Consolidator, but in the meantime, the objections were misplaced somewhere. The other chak objections of the village have been decided by the Consolidation Officer. The petitioners filed an appeal against the order of the Consolidation Officer dated 31.1.1994. The appeal was heard by Settlement Officer, Consolidation who by order dated 2.6.2004 allowed the appeal and allotted the Bachat Land of an area of 0.096 hectare of Plot No. 133 to the petitioners and in-lieu of it Plot No. 24 was left as Bachat Land. Thereafter, Lalta Prasad filed a revision against the order of the Settlement Officer, Consolidation. The Deputy Director of Consolidation heard the revision who by order dated 27.4.2015 allowed the revision and allotted area of 0.096 of Plot No. 133 in the Chak of Lalta Prasad. Hence, this petition has been filed.;