RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Santosh Kumar Tripathi, for the petitioners and Sri Ramesh Pundir, for the contesting respondent -2
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 22.12.2014, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) THE petitioners and respondent -2 are co -sharers. The dispute relates to allotment of chak on plot 77 (area 2.305 hectare) of village Buddhakheda, tahsil and district Muzaffarnagar. Admittedly plot 77 is a good quality of land and was valued at the rate of 80 paisa. Plot 1543 is also original holdings of the petitioners and respondent -2, and lies at a long distance from the abadi of the parties, by the side of 'nala' and is of inferior quality of land valued at the rate of 50 paisa. Assistant Consolidation Officer proposed a single chak to Pratap Singh (respondent -2) (chak -254) on plot 1543 etc. of the area of 1.4015 hectare. Rahat Singh (petitioner -1) (chak -397) was proposed single chak on plot 77 etc. of the area of 1.5613 hectare. Dharam Singh (petitioner -2) (chak -189) was proposed single chak on plot 77 etc. of the area of 1.5663 hectare. Pratap Singh (respondent -2) (chak -254) filed an objection (registered as Case No. 89) under Section 20 of the Act, for deleting his chak on plot 1543 etc. and allotting two chaks to him, first on plot 349 and second on plot 77. The Consolidation Officer, by order dated 10.07.2013 dismissed the objection of respondent -2. Pratap Singh (respondent -2) (chak -254) filed an appeal (registered as Appeal No. 195) from the aforesaid order. Settlement Officer Consolidation, by order dated 20.12.2013 held that chak of respondent -2 was allotted on his original holdings and his chak was changed by him in Appeal No. 129, by order dated 27.11.2013 as such it was not proper for him to make any further change. On these findings the appeal was dismissed. Respondent -2 filed a revision (registered as Revision No. 174) against the aforesaid order. Deputy Director of Consolidation, after spot inspection, by order dated 22.12.2014, held that respondent -2 was proposed a single chak on low fertile land of his entire valuation, due to which serious prejudice has been caused to him, while his other co -sharers were allotted good quality of land. The Consolidation Officer and Settlement Officer Consolidation have illegally not considered the grievances of respondent -2 and dismissed his objection and appeal without spot inspection. On these findings, he allowed the revision and allotted a second chak to respondent -2 on plots 77 etc of the area 0.5161 hectare, taking an area of 0.2548 hectare from chak of petitioner -1 and 0.2548 hectare from chak of petitioner -2 and they were allotted its valuation on plots 1543 etc. Hence this writ petition has been filed.;