RAM SURAT RAM MAURYA,J. - (1.) HEARD Sri Sanjay Kumar Srivastava for the petitioners.
(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 15.2.2014, Settlement Officer Consolidation dated 23.4.2014 and Deputy Director of Consolidation dated 8.12.2014 passed in chak allotment proceeding under UP Consolidation of Holdings Act.
(3.) PLOT no. 14 area 0.974 and plot no. 39 area 0.003 hectare were the original holding of the petitioners in which they were having 3/4 share. The Consolidation Officer allotted two chaks to the petitioners. The first chak was allotted? on plot no. 14 of the area of 0.664 hectare and second chak was allotted on plot no. 94 of the area of 0.030 hectare. The petitioners filed an objection before the Consolidation Officer for allotment of chak on plot no. 39 belonging to the contesting respondents. The objection of the petitioners was heard by the Consolidation Officer who by order dated 15.2.2014 found that plot no. 39 was the original holding of the contesting respondents and on which they have installed tube well and raised some temporary construction and the chak of the contesting respondents on plot no. 39 was on his original holding where they had private source of irrigation as such their chak cannot be disturbed. On this finding the objection of the petitioners has been dismissed. Thereafter the petitioners filed an appeal against the aforesaid order. The appeal was dismissed by the Settlement Officer Consolidation by order dated 23.4.2014. The petitioners filed a revision against the aforesaid order. The revision was heard by the Deputy Director of Consolidation who by the order dated 8.12.2014 dismissed the revision. Hence this writ petition has been filed. The counsel for the petitioner submits that plot no. 14 was the largest original holding of the petitioners. So far as plot no. 39 is concerned, the total area of this plot is only 3 air in which the petitioner has 3/4 share. Thus substantially the petitioners were entitled for single chak on plot no. 14 but the consolidation authorities have illegally allotted two chaks to the petitioners.;