RAM SURAT RAM (MAURYA), J. - (1.) Heard Sri Triveni Shankar, for the petitioners and Sri Rakesh Pandey along with Sri M.L. Srivastava and Sri Rahul Sahai, for the contesting respondents.
(2.) The writ petition has been filed against the orders of Joint Director of Consolidation dated 08.12.1987 (Annexure-10) and Deputy Director of Consolidation dated 05.03.1982 (Annexure-3) to the writ petition, passed in reference proceeding under Section 48(3) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) During consolidation, Jai Ram Pandey (respondent-3) (chak-62) was allotted three chaks, i.e. first chak of an area of 4-5-16 bigha, second chak of an area of 8-13-11 bigha and third chak of an area of 7-6-5 bigha. It has been stated that provisional consolidation scheme was confirmed and possession over confirmed chaks were delivered in 1968. Jai Ram Pandey moved the applications dated 19.07.1977 and 19.01.1978 before Consolidation Officer that area of his first chak was less to the extent of 0-13-4 bigha and second chak was less to the extent of 0-16-10 bigha on the spot and its area be completed. Consolidation Officer called for report from subordinate authorities on which the Consolidator/Assistant Consolidation Officer submitted their report dated 27.06.1978, showing deficiency of the area of chaks of Jai Ram Pandey as mentioned in his applications. Consolidation Officer then directed to prepare a reference under Section 48 (3) of the Act, in order to make deficiency of area as good. The Consolidator/Assistant Consolidation Officer submitted the reference under Section 48 (3) of the Act, which was forwarded by Consolidation Officer on 15.04.1981 and Settlement Officer Consolidation on 21.08.1981.;