Sudhir Agarwal, J. - (1.) This writ petition under Article 226 of the Constitution of India has arisen from orders dated 30.06.1980 passed by Joint Deputy Director of Consolidation, Varanasi (hereinafter referred to as the "JDDC") in a Restoration Application No. 100/7078 and 01.12.1982, whereby revision has been partly allowed and allotment of chaks has been modified.
(2.) Dispute relates to land in Village Bhatauli, Pargana Athagawan, District Varanasi. Petitioners-1 and 2 are holders of chak no. 87. Husband of petitioner no. 3 is chak holder no. 252. Late Badri, father of respondent no. 2 was chak holder no. 91. Petitioners no. 1 and 2 had plots no. 324 (area .09 acres), 325 (area .09 acres) and 326 (area .09 acres) in their original holding in which they had only half shares. These plots were compact and at one place, purchased by petitioners for construction of their houses. Petitioner-3 had half share in aforesaid three plots as well as in plots No. 228/1 (area 034 acres), 232/3 (area -18 acre), 234/4 (area -14 acre), 257/1 (area .15 acre), 331/2 (area -07 acre) and 424/3 (area -42 acres). Besides, petitioner no. 3 had also plots no. 435/2 (area -34 acres) and 427 (area -33 acres) in her original holding.
(3.) Assistant Consolidation Officer (hereinafter referred to as the "ACO") allotted a single chak to petitioners no. 1 and 2 on their original plots no. 324 etc. and late Sonai, husband of petitioner no. 3 was also allotted single chak at his original plot no. 324 etc. Chak holder no. 91 (respondent no. 2) was allotted two chaks, one at plot no. 285 of an area -49 acres and valuation of 4.24 annas and another chak at plot no. 323, area -44 acres and valuation 6.48 annas. Total area of chak holder no. 87 was .10 acres and total valuation was only 1.87 annas. Whereas the total area allotted to chak holder no. 252 was .40 acre and total valuation was 6.43 annas.;