ANIL KUMAR, J. - (1.) HEARD Sri Abhishek Pandey, learned counsel for petitioner, learned counsel appearing on behalf of respondents and perused the record.
(2.) FACTS in brief of the present case are that at the time when consolidation proceeding has started certain chaks were allotted to the petitioner. Aggrieved by the said allotment he filed an objection before the Consolidation Officer, Bikapur, Faizabad partly allowed by order dated 35.03.2012. So, the petitioner preferred an appeal, dismissed by order dated 31.03.2012, challenged by the petitioner by filing revision before the Dy. Director of Consolidation, Faizabad, dismissed by order dated 12.12.2012, thereafter, present writ petition has been filed by the petitioner.
(3.) LEARNED counsel for petitioner while arguing the present case submits that the petitioner's chak is open by chak road i.e. three sides, East, South and West side. Due to this fact the petitioner did not covered her land for agriculture works. Many villager's animal are spoiling and grazing in her agriculture land and disturbed the plants so agriculture work is not possible in this land, so by considering a chak road on the Gata No. 685 in chak 207 the petitioner's chak suffer loss because the chak road which is in the north and west of the petitioner's chak and after the petitioner's chak no other beneficiary of the same, so by means of the impugned order granting chak at Gata No. 685, the opposite parties have acted in an arbitrary manner, as such the impunged order liable to be set aside. I have heard learned counsel for parties and gone through the record. From the perusal of the record, the position which emerged out that in the instant case the consolidation court below has given a chak road at Gata No. 685 area 0.012 hectare in chak No. 207. Further from the perusal of the material on record the position which emerged out that initially at Gata No. 685 there is a chak road of 0.11 hectare and the same has been created to 0.012 hectare by taking some portion of the partition from the Gata No. 685 in lieu thereof he has been compensated at Gata No. 683 at Chak No. 207, so keeping in view the said facts as well as the provisions/procedure which which was to be followed by the consolidation authorities while dealing with the matter in regard to carvation of chak/allotment as per the provisions as provided under Section 19 of the U.P. Consolidation of Holdings Act, 1952 and the main thrust of Section 19 of the U.P. Consolidation of Holdings Act, 1952 is being summarized as under: - (i) the land allotted to the tenure -holder should not differ from the area of the original holding by more than twenty -five percent. (ii) every tenure -holder as far as possible be allotted to compact area at the place where he holds the largest part of his holdings (iii) tenure -holder should not be allotted more than three chaks except with the approval in writing of the Deputy Director of Consolidation (iv) every tenure -holder as far as possible be allotted plot on which his private source of irrigation or any other improvement is in existence (v) every tenure -holder be allotted as far as possible the chaks in conformity with the process of rectangulation. ;