RAM SURAT RAM, J. - (1.) HEARD Sri Suresh Kumar Srivastava, for the petitioner, and Sri R.N. Singh Yadav, for the contesting respondent -3.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation 08.08.2013 and 05.07.2014 and Deputy Director of Consolidation dated 03.11.2014 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) THE dispute between the parties is for allotment of chak on plot 469 in its northern side taking an area of 0.060 hectare of plot 483 and second chak on plot 576 in its northern side of village Barlai, tahsil and district Mau. Om Prakash (Chak -53) (the petitioner) and Ram Janam (Chak -430) (respondent -3) and other respondents are co -sharers in plots 469 and 576. There had been private partition between the parties. It is alleged that on the basis of previous partition, Ram Janam was having his share in northern side and Om Prakash was having his share in south to the portion of Ram Janam. Ram Janam has installed his pumping set in north -east side of plot 469 and also planted trees. During consolidation operation, some portion of plot 469 on which the parties had installed pumping set, was left as achak. Assistant Consolidation Officer proposed two chaks to the petitioner and his other co -sharers on plots 469 and 576 according to their previous possession, in which chak of Ram Janam was in extreme north on plot 469. Om Prakash (the petitioner) filed an objection, claiming for allotment of his chak on plot 469 in northern side taking an area of 0.060 hectare of plot 483. The Consolidation Officer by order dated 12.02.2013 allowed the objection of the petitioner. Ram Janam (respondent -3) filed an appeal (registered as Appeal No. 822 of 2013) from the aforesaid order. The appeal was heard by Settlement Officer Consolidation, who by order dated 08.08.2013 held that shape of the chak of Ram Janam on plot 469 had become in Z form, by order of Consolidation Officer. Ram Janam was having his share in extreme north in plots 469 in private partition and has also installed his pumping set and planted trees as such he was rightly proposed chaks in extreme north in both these plots. The Consolidation Officer has illegally disturbed his chak. On these findings, the appeal was allowed and Ram Janam was allotted his chak in extreme north on both plots 469 and 576. The petitioner filed a time barred revision (registered as Revision No. 338/614/2014 -15) from the aforesaid order, on 01.08.2014.;