Ram Surat Ram (Maurya), J. - (1.) SUPPLEMENTARY affidavit filed today is taken on record. The counsel for the petitioners is permitted to implead the persons as respondents -3 and 4.
(2.) HEARD Sri K.N. Shukla, for the petitioners and Sri Shiv Ram Singh along with Sri Rajesh Maurya, for respondent -2. The writ petition has been filed against the order of Deputy Director of Consolidation dated 16.01.2015, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) THE petitioners and Smt. Badami (now represented by respondent -2) were co -sharers, having 1/2 share each, in plots 636 (area 0.181 hectare), 702/1266 -M (area 0.747 hectare), 1102 (area 0.559 hectare) and 1147 (area 1.761 hectare) of village Salahabad, tahsil and district Mau, which were recorded jointly in their names in basic consolidation year. Smt. Badami executed a sale deed dated 13.02.1989 of plot 702/1266 -M (area 0.336 hectare) in favour of Jagat Narain Singh. Assistant Consolidation Officer by order dated 28.12.2010, held share of Smt. Bindu Devi (respondent -2) as 1/2 in the aforesaid plots except its chak out area. During partal, plots 1147/2 (area 0.076 hectare) was found as pokhari, 1147/3 (area 0.153 hectare) was found as grove, 1147/5 (area 0.101 hectare) and 702/1266/2 (area 0.030 hectare) were found as abadi and these plots were left as chak out. Assistant Consolidation Officer proposed two chaks to the petitioners (chak -503), i.e. first chak was proposed on 1147/1 and 1147/4 (total area 1.345 hectare) and second chak on plots 688/1 and 702/1266/1 (total area 0.077 hectare). Smt. Bindu Devi (respondent -2) (chak -506) was proposed three chaks i.e. first chak was proposed on 1102 (total area 0.460 hectare), second chak on plots 635/1, 636, 637, 638 and 647 (total area 0.484 hectare) and third chak on plots 702/1266/1 (area 0.609 hectare).;