S.N.SRIVASTAVA, J. - (1.) BY way of this writ petition, petitioner prayed for quashing the order dated 14-11-2005, passed by the Deputy Director of Consolidation, Muzaffarnagar, dismissing revision preferred against order 10-11-2005 of Settlement Officer Consolidation by which Settlement Officer, Consolidation, Muzaffarnagar directed Sub-Divisional Officer, Burhana, Muzaffarnagar and Station Officer, Police Station Shahpur, Muzaffarnagar to immediately stop unauthorized construction of petitioner and take preventive steps on Application of Arvind Kumar-Opposite Party No. 3. Petitioner further prayed to issue a mandamus commanding opposite parties not to interfere in the peaceful possession of the petitioner over the land in dispute.
(2.) THE facts of the case are that plots in dispute including Plot No. 62 are under the consolidation scheme and allotment of Chaks were made, but from the materials on record it is established that by the order of higher consolation authorities carvation of Chak and handing over possession of respective Chaks to the Chak-holders has been stayed and the parties are in possession of their respective original plots. Petitioner wants to use his part of land in Plot No. 62 purchased by him through a sale-deed for animal husbandry till the actual carvation of chak takes place and possession is handedover. There is no dispute about the boundaries of the plots as regards areas owned by the parties in Plot No. 62. Heard learned Counsel for the petitioner and Sri P.N. Ojha, learned Counsel for Opposite Party No. 3.
(3.) LEARNED Counsel for the petitioner urged that there is no requirement of permission for making any temporary construction for the purposes of animal husbandry from the Settlement Officer, Consolidation under Section 5-(c)(i) of the U.P. Consolidation of Holdings Act. He further urged that since petitioner's cattle are there and he wanted to raise certain temporary construction to protect his cattle, the same could be done without permission as a tenure-holder could use his holding for the purposes of agriculture, horticulture or animal husbandry and as such the impugned order restraining him from making temporary arrangement for the purpose of animal husbandry and directing concerned Sub-Divisional Officer and Station Officer to stop construction is without jurisdiction.;