Ram Surat Ram (Maurya), J. - (1.) Heard Sri Vijai Bahadur Verma along with Sri Ajeet Kumar, for the petitioners and Sri M.A. Khan, Senior Advocate, assisted by Sri R.K.S. Suryavanshi, for the contesting respondents.
(2.) This writ petition has been filed against the orders of Consolidation Officer, dated 13.02.2008 and Deputy Director of Consolidation dated 05.04.2008, passed in title proceedings under Sec. 9 -A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) Assistant Consolidation Officer referred a dispute that in basic consolidation year khata 334 total area of plots 34 was noted as 0.980 hectare and during partal its area was noted as 0.705 hectare, (while its total settlement area was recorded was 2.504 hectare and during partal its total area in different khatas was noted as 1.250 hectare). Similarly in khata 334, during partal area of plot 67 was noted as 0.480 hectare although its settlement area was 0.564 hectare and area of plot 819 -M was noted as 0.983 hectare although its settlement area was 1.077 hectare. The case was registered as Case No. 715, under Sec. 9 -A of the Act, before Consolidation Officer. Initially no one contested the dispute as such Consolidation Officer dismissed the case, by order dated 17.07.2002. Bachcha Lal Singh (respondent -10) filed an application for recall of the aforesaid order, which was recalled by order dated 16.12.2006. The petitioners filed applications for recall of order dated 16.12.2006, which were ultimately rejected by order dated 22.09.2007. Thereafter Kamalawati and others, land holders of khata 334 filed their objection for correcting area of plots 34, 67 and 819 -M according to its settlement area. Chhote Lal and others and Bachcha Lal Singh also filed their separate objections for correction of area of plot 34, in their khatas. Consolidation Officer consolidated objections, framed issues and gave opportunity to parties to adduce evidence.;