Salil Kumar Rai, J. - (1.) Bharath Ram (petitioner), Sahdev and Mahangilal were original co-tenure holders of plot nos. 88 and 475. Before his death, Mahangilal executed a will in favour of respondent no. 6 who is the son of petitioner. After the death of Sahdev, the share of Sahdev devolved upon respondent no. 5. During the consolidation operation held under the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as 'Act 1953'), the petitioner was allotted two chaks by the Assistant Consolidation Officer which were carved out from his original holdings on plot nos. 88 and 475.
(2.) Aggrieved by the arrangement made by the Assistant Consolidation Officer, the petitioner filed objection before the Consolidation Officer i.e. respondent no. 4 praying that his chak on plot no. 475 may be recarved and he may be allotted chak on plot no. 475 including his source of irrigation alleging that the tube well on plot no. 475 was installed by him and belonged exclusively to him.
(3.) The Consolidation Officer vide his order dated 12.07.2017, dismissed the objection filed by the petitioner on the ground that the tube well was not recorded in CH Form No. 2-A and the petitioner had been allotted chaks on his original holdings and, therefore, there was no reason to alter the arrangement made by concerned Assistant Consolidation Officer.;