Ram Surat Ram (Maurya), J. - (1.) Heard Sri Vijay Kumar Pandey, for the petitioner and Sri A.P. Singh Vishen, for contesting respondent -2. The writ petition has been filed against the order of Deputy Director of Consolidation dated 23.11.2015, passed under Sec. 48(3) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) Ashok Kumar Singh (the petitioner), who was owner of new plot 433 (area 0.9487 hectare), filed an application dated 3.12.2014, before Deputy Director of Consolidation, for correction of final consolidation map, deleting chak road of new plots No. 430 and 432, shown in southern side of his chak (new plot 433), in final consolidation map. The petitioner stated that in his village a Government tube -well was existing prior to consolidation. Old plot 247 (new plot 431) is nali of tube -well. His chak (new plot 433) was carved out, from old plot 168. No chak road was carved out on any part of old plot 168 or 167 nor any chak road is shown in confirmed chak map but in final consolidation map chak road through old plots 167 (area 0.0057 hectare) and 168 (area 0.0266 hectare) (new plots 430 and 432) were carved out without order of competent authority. The final consolidation map be corrected deleting new plot 430 and 432 and a part of plot 431.
(3.) Deputy Director of Consolidation, vide order dated 4.12.2014, called for a report, from sub -ordinate authorities. Consolidator submitted his reports dated 2.1.2015, 19.1.2015, 31.1.2015 and 2.2.2015, which was forwarded by Consolidation Officer, through endorsement dated 25.2.2015 and Settlement Officer Consolidation through endorsement dated 12.3.2015. In the report it has been mentioned that in old plots 167 (area 0.0057 hectare) (new plot No. 430, 168 (area 0.0266 hectare) and 169/1 (area 0.0280 hectare) (new plot 432, area 0.0546) chak roads have been carved out, which have been mentioned in CH Forms -41 and 45 also but these chak roads have not been mentioned in CH Form 23 (part -3). It has been recommended to shift chak road in plot Nos. 430 and 432 from southern side of plot 433 to its northern side. Similarly some changes in nali and bachat land were also suggested. The matter was contested by other chak holders.;