Sangeeta Chandra, J. - (1.) The petitioner before this Court has challenged the order passed by the Settlement Officer Consolidation, Meerut dated 23.8.1973 and the order dated 30.7.1981 passed by the Deputy Director of Consolidation rejecting the revision petition of the petitioner.
(2.) The case set up by the petitioner is briefly as follows:- It has been alleged in the writ petition that the petitioner being chak holder No. 43 had filed his objections under Section 20 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act No.5 of 1954) before the Consolidation Officer as he had wrongly been given bad quality of land which objection was allowed by the Consolidation Officer on 30.8.1968 but due to oversight plot No.1184 was mentioned as Plot No. 1181 in the order of the Consolidation Officer. Therefore, the petitioner filed an appeal before Settlement Officer Consolidation, Meerut which was allowed by means of his order dated 27.10.1969 and the mistake was corrected. Accordingly, the petitioner was allotted Plot No.1180, 1181, 1312 1313 and 1314 in Chak No.43. A Revision Petition was also filed by the petitioner as Plot No. 1315 was included in his chak which was 'banjar' and over valuation of the same was done. The Deputy Director of Consolidation made slight variation in the order of the Settlement Officer Consolidation and in so far as petitioner was concerned the matter became final.
(3.) It has further been alleged in the writ petition that later on, proceedings were started under Section 42(A) of the Act of 5 of 1954 at the instance of the Gaon Sabha and the Assistance Consolidation Officer sent a Report thereby excluding the plots which were given to the petitioner by the Settlement Officer Consolidation in his earlier order, which order had already been confirmed in revision petition. The extract of CH Form No. 23 Part 1 has been filed by the petitioner to illustrate his case. It has been alleged that the Settlement Officer Consolidation by means of his order dated 23.4.1973 accepted the report of Consolidation Officer on the reference made by the Assistant Consolidation Officer. No opportunity of hearing was given to the petitioner and he only came to know in the year 1981, from the 'patwari' that the plots which had been allotted to him have been excluded from his chak in the proceedings under Section 42(A) of the Act. The petitioner thereafter moved an application on 12.5.1981 which was rejected by the Deputy Director of Consolidation by his order dated 30.7.1981 as time barred, although, the petitioner had filed an application under Section 5 of the Limitation Act of Condonation of Delay also.;