Ram Surat Ram, J. - (1.) HEARD Sri Yogendra Pati Tripathi, for the petitioner and Sri D.S.P. Singh, for the contesting respondents. The writ petition has been filed against the orders of Consolidation Officer dated 28.1.2013, Settlement Officer Consolidation dated 5.7.2013 and Deputy Director of Consolidation dated 22.9.2014 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) THE dispute relates to plot 517/2 (total area 0.15 acre) of village Sikhadi, pargana Kasawar Raja, district Varanasi. In basic consolidation records, plots 517/1 (area 0.04 acre) and 517/2 (area 0.15 acre) was recorded in the names of Beni Madhav, Akshaiber and Amar Nath (now respondent -4 to 6) and 517/3 (area 0.36 acre) was recorded as abadi, class VI. During consolidation, valuation of plots 517/1 (area 0.04 acre) and 517/2 (area 0.15 acre) were determined at the rate of 14 anna. While making Statement of Principles plot 517/1 (area 0.04 acre) was left as "general abadi". Beni Madhav, Akshaiber and Amar Nath filed an application before Settlement Officer Consolidation on 9.3.1981 for granting permission to raise their house over an area of 0.05 acre of plot 517/2, which was granted by Settlement Officer Consolidation by order dated 17.3.1981. Thereafter they constructed their house over it and remaining area of 0.10 acre of plot 517/2 was used by them as sahan land over which several trees were planted. It appears that subsequently, remaining area of 0.10 acre of plot 517/2 was also recorded as "general abadi" in consolidation records. On coming to know about this mistake, the respondents filed an application under section 42 -A of the Act, for deleting valuation of plot 517/2 (area 0.15 acre) and leaving it as a chak. The Consolidation Officer called for a report from Consolidator, who in his report dated 8.10.2012 submitted that the respondents had raised construction over an area of 0.05 acre and remaining area of 0.10 acre was being used by them as their sahan land on the spot. Consolidation Officer, by order dated 20.10.2012, allowed the application and deleted valuation of plot 517/2 (area 0.15 acre) and left it as a chak. The petitioner filed an application for recall of the order dated 20.10.2012. The Consolidation Officer by order dated 28.1.2013, allowed the application and set aside the order dated 20.10.2012.
(3.) IN the meantime, the respondents also filed an objection under section 9 -A of the Act, for deleting valuation of plot 517/2 (area 0.15 acre) on 1.11.2012, along with delay condonation application. On the basis of report of Lekhpal, Consolidation Officer, by order dated 2.11.2012, condoned the delay and thereafter by order dated 26.11.2012 allowed the objection and deleted valuation of plot 517/2 (area 0.15 acre) and left it as achak. The petitioner filed an appeal (registered as Appeal No. 1394) from the aforesaid order dated 26.11.2012, on the ground his house situates in eastern side of the land in dispute, in which he was having main door in western side and he has been using the disputed land since before date of vesting as his appurtenant land. It has been wrongly reserved as "general abadi". Thereafter by ex -parte order dated 26.11.2012 its valuation was deleted and it was left as a chak. The order was passed ex -parte without hearing him. The appeal was heard by Settlement Officer Consolidation, who by order dated 5.7.2013, dismissed the appeal. The petitioners filed a revision (registered as Revision No. 1441) from the aforesaid order. The revision was heard by Deputy Director of Consolidation, who again called for a fresh spot inspection report. In compliance of the order, Assistant Consolidation Officer submitted spot inspect report dated 10.9.2014. Thereafter, revision was heard by Deputy Director of Consolidation, who by order dated 22.9.2014 dismissed the revision. Hence this writ petition has been filed.;