- (1.) HEARD Sri V.D. Ojha, along with Sri D.K. Srivastava, for the petitioners and Sri Pradeep Kumar Rai and Dr. A.K. Sharma, for the contesting respondents.
(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 16.05.2015, passed in reference proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").
(3.) KHATA 5 (area 20 -14 -0 bigha) of village Sohalla, tahsil and district Agra was original holding of Shyam Lal, Ishwar Prasad and Ajab Singh, in which Shyam Lal had 1/3 share. Shyam Lal executed a sale deed dated 15.10.1975, in respect of 3 bigha land in favour of Banshidhar and Om Prakash Yadav (the petitioners). The original tenure holders executed several other sale deeds in favour of different respects. On the basis of sale deeds, several objections were filed by the transferees. Consolidation Officer, consolidated all the objections and heard together, who by order dated 11.05.1982 held that total area of the land of khata -5 was 20 -14 -0 bigha, which was taken as 21 bigha approximately out of which 3 bigha was sold to the petitioners as such the petitioners had 3/21 share and Shyam Lal had 4/21 share. On its basis Consolidation Officer prepared a reference of the share of the petitioners by order dated 06.11.1993. Ashok Kumar and others (heirs of Shyam Lal) filed two appeals (registered as Appeal Nos. 43 of 1993 -94 and 117 of 2009 -2010) from aforesaid order, in title proceeding. Settlement Officer Consolidation, by order dated 26.11.2010, held that Shyam Lal executed sale deed of specific area of 3 bigha but Consolidation Officer has illegally determined 3/21 share of the petitioners. On these findings, the appeals were allowed and orders of Consolidation Officer were set aside and matter was remanded to Consolidation Officer for fresh decision. The petitioners filed a revision (registered as Revision No. 133 of 2011 -12) from the aforesaid order. Reference sent by Consolidation Officer was registered as Reference No. 10. Revision and Reference were consolidated and decided by order dated 07.08.2012. Revision was dismissed and Reference was rejected. The petitioners filed writ petitions (registered as Writ -B Nos. 41679 and 53143 of 2012) against the aforesaid orders. It may be mentioned that total settlement area of the land of khata 5 were 20 -14 -0 bigha but in consolidation, after general deduction chak of total area 19 -5 -17 bigha (i.e. 19 biswa as chak out and 18 -6 -17 bigha as chak) was allotted. As such before this Court, the parties agreed to give 3/21 share to the petitioners, in the total area as allotted in chak and chak out as such on the basis of consent, the order of Consolidation Officer dated 11.05.1982 was affirmed and orders of Settlement Officer Consolidation, by order dated 26.11.2010 and Deputy Director of Consolidation dated 07.08.2012 passed in title proceedings were set aside. But the respondents did not agree to give any area to the petitioners on new plot 400. As such order of Deputy Director of Consolidation dated 07.08.2012 passed in reference proceeding has been affirmed and the matter was remanded to Consolidation Officer to submit a fresh reference after spot inspection.;