Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Subhash Chand Yadav, for the petitioners and Sri P.N. Kushwaha, for respondents -2 to 6. The writ petition has been filed against the order of Deputy Director of Consolidation dated 14.11.2014, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(2.) PLOTS 4 (area 0.2477 hectare) and 79/3 (area 1.1153 hectare) of village Bijhari, tahsil Saidpur, district Ghazipur were original holdings of the petitioners. Assistant Consolidation Officer proposed two chaks to the petitioners, (chak -13) i.e. first chak was proposed on plots 76/1, 79/3, 79/4, 83 and 84 of the area of 1.2759 hectare and second chak on plots 77/2 and 77/4 of the area of 0.1501 hectare. Plots 76/1 (area 1.4049 hectare), 76/2 (area 0.6323 hectare), 79/1 (area 0.5730 hectare) and 79/2 (area 1.5813 hectare) were original holdings of Subedar and others (respondents -2 to 6), (chak -322), who were proposed one chak on plots 76/1, 76/2, 77/1, 77/2, 77/3, 79/1, 79/1 and 79/3 of area of 4.1510 hectare. Plots 1 (area 0.1792 hectare), 77/1 (area 0.6228 hectare), 292 (area 0.0510 hectare), 293 (area 0.1510 hectare), 736 (area 0.5230 hectare), 737 (area 0.5230 hectare) and 742 (area 0.1070 hectare) were original holdings of Satiram and others (respondents -7 to 11) (Chak -328) who were proposed two chaks, i.e. first chak was proposed on plots 77/1, 77/2 and 77/3 of the area of 0.8115 hectare and second chak was proposed on plots 311, 313 and 314 of area of 0.1710 hectare. Plot 77 is a roadside land. Plot 78/2 is abadi land where the petitioners and respondents -2 to 6 were having their houses as well as pumping set. Subedar and others (respondents -2 to 6) filed an objection under section 20 of the Act, claiming for allotment of chak on their original holding of plot 76/1 and for deleting plot 79/3 from their chak. Another objection was filed by Satiram and others (respondents -7 to 11) claiming for allotment of entire area of plot 77 in their chak. The Consolidation Officer consolidated the chak objections and by his order dated 11.4.2009, shifted the first chak of the petitioners towards south by taking out plot 76 from their chak and allotted plot 79/3 in their chak and northern portion i.e. 76 etc. were allotted in the chak of respondents -2 to 6. It may be mentioned that total area of original holdings of the petitioners was 1.3630 hectare and area of the chak as allotted by Consolidation Officer was 1.2185 hectare. Similarly chak of respondents -2 to 6 was also disturbed and some portion of plot 77 was taken away from their chak and allotted in the chak of respondents -7 to 11.
(3.) THE petitioners filed an appeal (registered as Appeal No. 1779 of 2001) and respondents -7 to 11 also filed an appeal (registered as Appeal No. 1771) from the aforesaid order. Both the appeals were consolidated and decided by Assistant Settlement Officer Consolidation, who by order dated 4.6.2002, allowed both the appeals and restored the chak of the petitioners of the stage of Assistant Consolidation Officer with slight modification, due to which an area of 1.3447 hectare was allotted in their chaks. Similarly he increased some more area of plot 77 in the chak of respondents -7 to 11. Recall applications filed by respondents -2 to 6 were rejected on 13.10.2003 and 13.1.2005 respectively.;