RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Girija Shankar Srivatava, for the petitioners and Sri G.C. Yadav, holding brief of Sri P.P. Chaudhary, for the contesting respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 28.11.2014 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) PLOTS 1614/10 (area 0 -5 -18 bigha), 2061/2 (area 0 -2 -7 bigha), 2171/2 (area 0 -3 -17 bigha) and 2173 (area 1 -0 -3 bigha) (total area 1 -12 -5 bigha) were original holdings of the petitioners. The petitioners (chak -1122) were proposed two chaks i.e. first chak was proposed on plot 1517/3 (area 0 -11 -13 bigha) and second chak was proposed on plots 2380, 2381, 2382, 2405, 2429 and 2433 (total area 0 -12 -3 bigha). According to the petitioners, their plot 1614/10 was a roadside land but it has been reserved for school. In order to compensate the petitioners, they were allotted their first chak on plot 1517/3 (area 0 -11 -13 bigha). Sharejang (now represented by respondents -4 and 5) (chak 3225) was proposed first chak on his original holdings of plot 8950 etc. of total area of 6 -11 -4 bigha (total valuation 45.58 annas. He was proposed his second chak on 1517 etc. of total area 2 -5 -6 bigha (total valuation of 20.54 annas). Sharejang filed an objection under Section 20 of the Act, claiming for change in his second chak and for allotment of its valuation near his original holdings of plot 8950 and remaining valuation on his original holding of plot 1518. It may be mentioned that plot 1518 (area 1 -2 -1 bigha) was original holdings of Sharejang. Consolidation Officer by order dated 25.05.1973 allowed the objection of Sharejang due to which chak of the petitioners on plot 1517/3 (area 0 -11 -13 bigha) was taken away and its valuation was allotted on plots 1640, 1634, 1635, 1636 (total area 0 -12 -7 bigha). Sharejang was allotted his second chak on plots 1517/3, 1635 and 1636 of total area 1 -12 -8 bigha and remaining valuation was allotted on plots 8950 etc., on his original holdings according to his demand, which was added in his first chak.;