RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Tripathi B.G. Bhai for the petitioner and Sri P.N. Singh, for the contesting respondents -2 to 9.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 22.09.2011 passed in chak allotment proceeding under UP Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) THE dispute between the parties is in respect of allotment of chak on plot no. 146/2. Plot 146/1 (area 0.384 hectare) was original holding of the petitioner and respondents -2 to 9, in which the petitioner had 1/2 share. Plot 146/2 (area 0.381 hectare) was original holding of Ali Ahmad (chak -25) and Shakunatdar (chak -378). Assistant Consolidation Officer proposed a single chak to the petitioner on plot no. 146/1 and 146/2 of an area of 0.463 hectare. Ali Ahmad (respondent -10) was proposed his second chak on plots 138 etc. taking an area of 0.120 hectare of plot 146/2. Ali Ahmad and Shakunatdar did not file any objection claiming their chak on plot 146/2. The petitioner filed an objection for making her chak at this place in rectangular shape. Consolidation Officer by order dated 03.07.2009 allowed the objection of the petitioner and northern portion of plot 146/1 was left as bachat land her chak was shifted towards south. Respondents -2 to 9 were proposed two chaks i.e. first chak on plots 172, 173 and 174 of an area of 0.605 hectare and second chak on plot 132, 133 and 134 of an area of 0.157 hectare. Respondents -2 to 9 filed an objection, in which initially they claimed for allotment of chak on plot 226, deleting their first chak on plots 172 etc and completing deficiency of their valuation. Subsequently, they amended their objection and claimed for allotment of chak on plot no. 146/2, alleging that plot 146/1 was the original holding of the parties however Assistant Consolidation Officer has illegally not carved out chak to them near his abadi rather carved out chak on plot no. 172 etc. and 132 etc. Consolidation Officer by a separate order dated 13.05.2009, partly allowed the objection of respondents -2 to 9 and completed their deficiency of the valuation, allotting them chak on plot 226 etc. Respondents -2 to 9 filed an appeal against the aforesaid order. The appeal was heard by Settlement Officer Consolidation along with other appeals of the village, who by order dated 21.08.2009, deleted chak of respondents -2 to 9 on plots 132 etc. and allotted its valuation on plots 226 etc. Thereafter the respondents filed a revision against aforesaid orders which has been allowed by order of Deputy Director of Consolidation dated 22.09.2011. The chak of the petitioner on plot 146/1 and 146/2 was shifted towards north and in its south respondents -2 to 9 were allotted chak on plot 146/2 of an area of 0.180 hectare. Hence this writ petition has been filed.;