- (1.) Heard Sri K.R. Sirohi, Senior Advocate, assisted by Sri J.N. Pandey, for the petitioner, Standing Counsel for State of U.P. and Sri R.C. Upadhyay, Standing Counsel for Gram Panchayat, who has supported the petitioner.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation, dated 24.07.2013, passed in the proceeding under Section 48 (3) of U.P. Consolidation Act, 1953 (hereinafter referred to as the Act). Stamp Reporter has reported a delay of one year 93 days in filing of the writ petition.
(3.) The dispute between the parties relates for reserving new plot 197 (area 0.530 hectare) of village Merwara Kalan, pargana Garha, district Ballia, as khalihan. Plot 445/1 (area 0.39 acre), 445/2 (area 0.39 acre), 445/3 (area 0.39 acre), 445/4 (area 0.10 acre) and 445/5 (area 0.03 acre), (total area 1.30 acre) were recorded in the name of Sahdeo Rai and others, in 1290 F khatauni and belonged to Mahal Bal Govind Rai. All the sub-plots of 445 were noted as parati kadeem (i.e. uncultivated for a long time). In 1356 F khatauni, in khata 21, plot 445 (area 0.42 acre), khata 45, plot 445 (area 0.31 acre), khata 61, plot 445 (area 0.08 acre) and khata 21, plot 445 (area 0.50 acre) (total area 1.31 acre) were recorded as banjar kabil jarayat, (i.e. uncultivated but cultivable land). In 1359 F khatauni, in khata 21, plot 445 (area 0.42 acre), khata 45, plot 445 (area 0.31 acre), khata 61, plot 445 (area 0.08 acre) and khata 21, plot 445 (area 0.50 acre) (total area 1.31 acre) were recorded as banjar kabil jarayat, (i.e. uncultivated but cultivable land). In previous consolidation operation in village in CH Form-41 and 45, various sub-plots of plot 445 were allotted new plot 56 (area 1.31 acre) as banjar land. In present consolidation operation in village in CH Form-41 and 45, plot 56 (area 1.31 acre) was allotted new plot 149 (area 0.530 hectare) as banjar land.;