- (1.) Heard Sri Pramod Kumar, for the petitioner and Sri U. K. Srivastava, for the heirs of contesting respondent-2.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 28.12.1985, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Plots 693 (area 0-13-0 bigha), 1009/1 (area 0-8-0 bigha), 1009/2 (area 0-13-0 bigha), 1042 (area 1-13-0 bigha), 1051 (area 0-7-0 bigha), 1066/1 (area 1-6-0 bigha) and 1067 (area 2-7-10 bigha), 1109 (area 1-2-0 bigha), 1110 (area 0-13-0 bigha), 1111 (area 0-3-0 bigha), 1112 (area 0-14-0 bigha), 1159/1 (area 0-7-0 bigha) and 1159/2 (area 0-17-0 bigha) (total area 11-3-10 bigha) were joint original holdings of Lalloo (the petitioner) and Ganga Charan (respondent-2), who were real brothers and had 1/2 share each. In plots 1116/1 (area 6-16-0 bigha) and 1116/2 (area 0-4-0 bigha), the petitioner and respondent-2 had 1/16 share each. Plots 1075 (area 0-2-0 bigha) and 1076/ 2 (area 0-10-0 bigha) were exclusively recorded in the name of the petitioner. Plot 1075 was chak out. The petitioner (Chak-420) was proposed two chaks, i.e. first chak of an area of 4-0-1 bigha was proposed on plots 1050 etc and second chak of an area of 1-8-7 bigha was proposed on plots 691 etc. The petitioner was satisfied with his proposed chaks and did not file any objection.;