Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Vinay Kumar Rai, for the petitioner, in review application.
(2.) THE writ petition was filed against order of Deputy Director of Consolidation, dated 01.11.2012, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act -1953 (hereinafter referred to as the Act), which dismissed after hearing the parties by judgment dated 28.11.203. The petitioner filed Special Leave Petition (Civil) No. 542 of 2014, which was got dismissed as withdrawn with liberty to filed review application. Now review application has been filed along with delay condonation application. Delay has been condoned. Plot Nos. 225/1, 225/2 225/3, 255 and 467 of village Kashipur, pargana Haveli, district Mirzapur were the original holdings of the petitioner. The petitioner was proposed three chaks i.e. first chak on plot Nos. 443, 467 and 468 of the area 0.360 hectare, second chak on plot Nos. 342, 343 and 344 of an area of 0.246 hectare and third chak on plot Nos. 325, 326, 327 and 328 of an area of 0.408 hectare. Plot No. 443 of village Kashipur, pargana Haveli, district Mirzapur was the original holdings of Smt. Shail Kumar (respondent -2) and plot Nos. 241, 468 and 469 of village Kashipur, pargana Haveli, district Mirzapur were the original holdings of Ram Sunder (respondent -3), who is father of Smt. Shail Kumari. Smt. Shail Kumari was proposed one chak on plots 467 and 468 of the area 0.484 hectare and Ram Sunder was proposed one chak on plots 442, 468 and 469 of an area of 0.484 hectare. The dispute between the parties is in respect of allotment of the chak on northern side of plot No. 468, which was the original holding of Ram Sundar, and plot 467, original holding of the petitioner.
(3.) SMT . Shail Kumari (respondent -2) filed a time barred objection (registered as Case No. 334) under Section 20 of the Act, on 20.05.2011, claiming for allotment of her chak in the northern side of plot No. 468, by the side of 'nali'. It has been stated that she was allotted chak on plots 467 and 468 of the area 0.484 hectare. Plots 468 and 469 were original holdings of her father. At the time of preparation of Provisional Consolidation Scheme, she was given impression that her chak on plots 468 etc. was carved out, in the northern side by the side of 'nali'. On 15.05.2011, when the consolidation staff went on spot for demarcation of the chaks of the tenure holders, then she came to know that her chak was carved out in the southern side of plot No. 468. Soil of southern portion of plot No. 467 is mixed with stones and is not cultivable land.;