- (1.) Heard Sri H.N. Singh, Senior Advocate, assisted by Sri Vineet Kumar Singh for the petitioners and Sri Ashutosh Srivastava, for respondents -2, 19, 71 and 72.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 31.05.2016 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Plots 31 (area 0.030 hectare), 153 (area 0.813 hectare), 160 (area 0.109 hectare), 161 (area 0.158 hectare), 161 -m (area 0.130 hectare), 163 (area 0.211 hectare), 165 (area 0.089 hectare), 170 (area 0.289 hectare), 171 (area 0.320 hectare), 190 (area 0.296 hectare), 192 (area 0.243 hectare), 198 (area 0.310 hectare), 291/1 (area 0.131 hectare), 291/2 (area 0.003 hectare), 292/1 (area 0.019 hectare), 292/m (area 0.124 hectare) (total 16 plots area 1.466 hectare) were original holdings of Vashistha Narayan (petitioner -1) (chak -385), in which he was co -sharers along with other tenure holders. It has been stated that father of Vashistha Narayan purchased plot 382 (area 0.210 hectare) through sale deed dated 18.11.1988. But the petitioners have not filed any document to show actual area purchased in plot 382. According to the respondents only an area of 16 -17 Ares of plot 382 was purchased by father of petitioner -1. Admittedly, valuation of plot 382 was included in chak -385, from the stage of Assistant Consolidation Officer. Total valuation of original holdings (except plot 382) of petitioner -1 was 104.44 anas. Total valuation of 114.66 annas was allotted in chak -385, which shows that contention of the petitioners that an area of 0.210 hectare in plot 382 was purchased, is incorrect. Assistant Consolidation Officer proposed three chaks to petitioner -1, i.e. first chak was proposed on plots 382 etc. of the area 0.660 hectare, second chak was proposed on plots 153 etc. of the area 0.829 hectare and third chak was proposed on plot 292/1 (area 0.061 hectare). Vashistha Narayan and Smt. Shanti Devi (the petitioners) (chak -387) were joint owners of plot 179 (area 0.806 hectare). They were proposed a single chak on plots 153 etc. (area 0.827 hectare). The petitioners were satisfied with their proposed chaks and did not file any objection under Section 20 of the Act.;