K. P. Singh, J. - (1.) THIS writ petition arises out of proceedings for allotment of Chaks. All the consolidation authorities have given judgments against the petitioner. Aggrieved by their judgments the petitioner has approached this Court under Article 226 of the Constitution.
(2.) THE only grievance of the petitioner before me is that his plots nos. 298, 299, 308, 310 and 311 are in the shape of grove and the authorities have not allotted any chak to the petitioner on the aforesaid plots nor have they excluded the aforesaid plots from the consolidation scheme. It has been vehemently argued by the learned counsel for the petitioner that the contention was raised before all the consolidation authorities to the effect that his above mentioned plots should have been made a chak but they have failed to address themselves to the contention raised on behalf of the petitioner. Section 8 of the U. P. Consolidation of Holdings Act reads as below :- " 8. Revision of the field book and the current annual register-Determination of valuation and shares in joint holdings-(1) Upon the revision of the maps under Section 7, the District Deputy Director of Consolidation shall, subject to the provisions hereinafter contained, and in such manner as may be prescribed, cause to be- (i) revised, the field book of the unit after field to field partal, and the current annual register after its test and verification ; (ii) determined, in consultation with the Consolidation Committee, the valuation of,- (a) each plot after taking into consideration its productivity, location and availability of irrigation facilities, if any ; and (b) all trees, wells and other improvements existing in the plots for the purpose of calculating compensation thereof ; (iii).......... (iv)......... (v)......... Section 8-A of the aforesaid Act concerns preparation of statement of principles and Section 9 provides as below :- " 9. Issue of extracts from records and statements and publication of records mentioned in Sections 8 and 8-A and the issue of notices for inviting objections.-(1) Upon the preparation of the records and the statements mentioned in Sections 8 and 8-A, the Assistant Consolidation Officer shall- (a) correct the clerical mistakes, if any, and send, or cause to be sent, to the tenure-holders concerned and other persons interested, notices containing relevant extracts from the current annual register and such other records as may be prescribed showing- (1) their rights in and liabilities in relation to the land ; (ii) mistakes and disputes discovered under section 8 in respect thereof ; (iii) specific shares of individual tenure-holders in joint holdings for the purpose of effecting partitions, where necessary, to ensure proper consolidation ; (iv) valuation of the plots ; and (b) valuation of trees, wells and other improvements for calculating compensation thereof and its apportionment amongst owners, if there be more owners than one ; (c)......... (2) Any person to whom a notice under sub section (1) has been sent, or any other interested person may, within 21 days of the receipt of notice, or of the publication under sub-section (1), as the case may be, file, before the Assistant Consolidation Officer, objections in respect thereof disputing the correctness of nature of the entries in the records or in the extracts furnished therefrom, or in the statement of Principles, or the need for partition. " Section 11-A of the aforesaid Act provides as below :- " 11-A. Bar on objections-No question in respect of- (i) claims to land, (ii) partition of joint holdings, and (iii) valuation of plots, trees, wells and other improvements, where the question is sought to be raised by a tenure holder of the plot or the owner of the tree, well or other improvements recorded in the annual register under section 10 relating to the consolidation area which might or ought to have been raised under Section 9 but has not been raised, shall be raised or heard at any subsequent stage of the consolidation proceedings. "
(3.) IN the present case the petitioner claims his plots as a chak on the ground that there existed trees in such a number as to make them grove but when the aforesaid plots were not treated as grove and they were treated as cultivatory plots and their valuation was indicated in the records prepared under Section 8 of the Consolidation of Holdings Act it was the bounden duty of the petitioner to have filed objection under Section 9 of the U. P. Consolidation of Holdings Act. Since the petitioner was the tenure holder of the aforesaid plots and failed to raise objection regarding the valuation of the aforesaid plots, I think that the petitioner cannot be permitted to raise objection at the stage of proceedings under Section 20 of the UP. C.H. Act regarding the valuation of the aforesaid plots or treating them as grove so as to exclude them from consolidation scheme. To my mind even if the consolidation authorities have failed to address themselves to the contention raised on behalf of the petitioner, no prejudice has occurred to the petitioner because in law the petitioner could not raise the objection at the stage of Section 20 of the U. P. Consolidation of Holdings Act in view of the provisions contained in Sections 8, 9 and 11-A of the Consolidation of Holdings Act. The petitioner's claim about a chak on the aforesaid plots has rightly been negatived by the consolidation authorities on the ground that the petitioner has already got two chaks on his original plots.;