VIVEK KUMAR BIRLA, J. - (1.) Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Ashish Kumar Srivastava, learned counsel for the Gaon Sabha and perused the record.
(2.) Present petition has been filed with the following prayers: "(i) Issue a writ, order or direction in the nature of certiorari, calling for record of the case, quashing impugned order of respondent Deputy Director of Consolidation dated 18.11.2016 to the extent it is against the petitioner. (ii) Issue writ of mandamus, commanding the respondent no. 2 to allot plot no. 2304 and 2317 on original holding of petitioner and in the alternative allot Gaon Sabha Plot No. 1113 and 1023 in chak of petitioner. (iii) Issue ad interim mandamus, staying effect and operation of order dated 18.11.2016 to the extent it is against the petitioner, so as to meet the ends of justice. (iv)......."
(3.) The impugned order has been challenged on the ground that the same is bad to the extent it allots Udan Chak to the petitioner on plot nos. 267 and 269, 10 kilometer away from the original holding and thus, the same is violative of Section 19 of U.P. C.H. Act and therefore, suffers from miscarriage of justice and that the petitioner was entitled for allotment on the plots originally held by him or in the alternative in the same vicinity/locality, preferably on Gaon Sabha plot no. 1113 and 1023.;