- (1.) Heard Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan, for the petitioner and Sri P.V. Chaudhary, for the contesting respondent-2.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 19.12.1995, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Plots 2412, 2423, 2520, 2532, 2536, 2539, 2578, 2581 and 2639 were original holdings of the petitioner. Plot 2519 was grove of Ramesh Chandra (respondent-2) and others and plot 2540 was his original holdings. Ramesh Chandra and others (chak holders 952) was allotted a chak on plot 2540. Ramesh Chandra and others filed an objection (registered as Case No. 1621) under Section 21 of the Act, for allotting a rectangular chak, contiguous to his grove plot 2519, which was chak out. Consolidation Officer, by order dated 26.12.1993, dismissed the objection on the findings that chak of Ramesh Chandra and others was on his original holdings. Ramesh Chandra and others filed an appeal (registered as Appeal No. 765) from aforesaid order. Assistant Settlement Officer Consolidation, by order dated 11.08.1994, dismissed the appeal. Ramesh Chandra and others filed a revision (registered as Revision No. 422) against the aforesaid order. Deputy Director of Consolidation, by order dated 19.12.1995, held chak of Ramesh Chandra and others on plot 2540 was not in rectangular shape. By affecting chak, 1045, 454 and 453, shape of chak of Ramesh Chandra and others can be made in rectangular shape and his chak may also be allotted contiguous to his grove. On these findings, he allowed the revision and allotted chak to Ramesh Chandra and others on plot 2540 taking some area of plots 2537, 2538 and 2539. Among these plots, plot 2539 is original holdings of the petitioner of which an area of 0-1-11 bigha was allotted in chak of Ramesh Chandra and others. The petitioner was allotted chak on plots 2539, 2540 and 2549. Hence this writ petition has been filed.;