RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Tripathi B.G. Bhai, for the petitioner and Sri L.P. Singh, holding brief of Sri Bachcha Singh, for the contesting respondents -3 to 5.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation dated 04.09.2010 and Deputy Director of Consolidation dated 23.02.2015 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The petitioner has further prayed for issue of mandamus directing consolidation authorities to treat that plot 221/13 (area 0.111 hectare) was allotted in his chak and to delete its double allotment from the chak of respondents -3 to 5.
(3.) THE dispute relates to allotment of chak on plot 221/13 (area 0.111 hectare) of village Jangal Oon, pargana Maghar Purab, district Sant Kabir Nagar. The land in dispute was earlier Gaon Sabha land. The petitioner was granted patta of an area of 0.034 hectare of plot 221/13. Hari Prakash, Chandra Prakash and Ramagya were also granted patta of different area of plot 221/13 of its remaining area. During partal, agricultural activity was not found on any part of plot 221/13 and its total area was parati on the spot and recorded as such in CH Form -2 -A. From the stage of Statement of Principle, valuation of entire area of 0.111 hectare of plot 221/13 was determined at the rate of 20 paisa. None of the co -sharers of plot 221/13, including the petitioner, filed any objection under Section 9 of the Act, against its valuation. It is alleged that in Provisional Consolidation Scheme, plot 221/13 (area 0.111 hectare) was allotted in the chak -123 of the petitioner and chak -1807 of respondents -3 to 5. The petitioner filed an objection on 02.06.2010 under Section 20 of the Act, stating therein that plot 221/13 (area 0.111 hectare) was his original holding, on which he had planted 5 shisham tree, 2 babul tree, one mahuwa and one neem tree. From very beginning, plot 221/13 (area 0.111 hectare) was allotted in his chak -123 of the petitioner. Respondents -3 to 5 (chak -1807) were influential persons. Exercising their political influence, they also got plot 221/13 (area 0.111 hectare) allotted in their chak -1807 and the consolidation authorities made endorsement in this respect, in CH Form -2 -A of plot 221/13 and did not endorse, chak of the petitioner in it. It was prayed for deleting plot 221/13 (area 0.111 hectare) from the chak of respondents -3 to 5 and upholding its allotment in the chak of the petitioner and correcting endorsement of CH Form -2 -A.;