Ram Surat Ram (Maurya), J. - (1.) Heard Sri Riduvant Pratap Singh, for the petitioner, and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Ramesh Pundir, for the contesting respondents -2 to 4. The writ petition has been filed against the orders of Deputy Director of Consolidation dated 5.8.2003 and 27.7.2015 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) The dispute between the parties is for allotment of chak on plot 722, 723 and 724 of village Matauli, tahsil Deoband district Saharanpur. Plots 720 (area 0.066 hectare) and 721 (area 0.172 hectare) were original holdings of the petitioners, in which he had 1/4 share. Plots 722, 723 and 724 were original holdings of Mange Ram, Tejpal, Vikram, Jai Kumar sons of Atar Singh, in which they had 1/2 share. According to the petitioner, under the mutual agreement with Mange Ram, Tejpal, Vikram, Jai Kumar and the petitioner, he was allotted a chak on his original holdings plots 720 and 721 along with other surrounding plots, including plots 722/723 and 724, by Consolidation Officer. Respondents was proposed a chak on plot 1113 etc., respondent -3 was proposed a chak on plots 1116 etc. and respondent -4 was proposed her first chak on plots 1112 etc. and second chak on plots 832 etc. They did not file any objection under Sec. 20 of the Act. Consolidation Officer, by order dated 31.1.2001 allotted plots 363 etc. to respondent -2 and plots 359 etc. to respondent -3. In appeal, for the first time, they began to demand a chak on plots 722, 723 and 724. Their appeals were dismissed by Assistant Settlement Officer Consolidation. Assistant Settlement Officer Consolidation by order dated 20.3.2002 allotted first chak to respondent -4 on plots 361 etc. Then she began to demand chak on plots 722, 723 and 724 in revision. Deputy Director of Consolidation, by order dated 5.8.2003, allowed their revisions and allotted uran chaks to them on plots 722, 723 and 724 and the petitioner was allotted uran chak on plots 361 etc. taking it from the chaks of respondents -2 to 4. The petitioner challenged the order dated 5.8.2003, in Writ B No. 34996 of 2003, which was allowed by this Court by judgment dated 27.10.2014, holding that the petitioner was allotted uran chak without considering his grievances. The order of Deputy Director of Consolidation has been set aside and matter was remanded to Deputy Director of Consolidation for deciding revisions afresh. However Deputy Director of Consolidation again reinstated order dated 5.8.2003 by the impugned order dated 27.7.2015. Hence this writ petition has been filed.
(3.) According to respondents -2 to 4, Mahkar (respondent -3) and Amnesh Kumar (husband of respondent -4) had their 1/2 share in plots 722, 723 and 724. Smt. Shanti (respondent -2) is mother of respondent -3 and Smt. Rekha (respondent -4) is sister -in -law of respondent -3. They belonged to one family as such looking to their facility, Deputy Director has allotted chaks to them on these plots, which are their original holdings. From the stage of Assistant Consolidation Officer, respondents -2 to 4 were allotted uran chaks on plots 1112, 1113 and 1116 etc. As total area of their chaks was substantially increased as such in spite of fact that they were allotted uran chaks, they did not file any objection under Sec. 20 of the Act. However, Consolidation Officer has disturbed their chaks from plots 1112 etc. and allotted uran chaks on plots 359 etc. as such they filed appeals and demanded for allotment of chaks either of the stage of Assistant Consolidation Officer or on their original holdings of plots 722, 723 and 724, which has been accepted by Deputy Director of Consolidation. By order of Deputy Director of Consolidation, respondents -2 to 4 have been allotted chaks on their original holdings. There is no illegality in it.;