Vikram Nath, J. - (1.) This petition has been filed under Article 226 of the Constitution of India for issuing a writ of certiorari quashing the orders dated 28.7.1990 and 8.8.1990 passed by the Consolidation Officer, order dated 28.7.1997 passed by the Assistant Settlement Officer (Consolidation) and the order dated 15.1.2009 passed by the Deputy Director of Consolidation. Further prayer made is that the objections filed by the petitioners under Section 20(1) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred as the C.H. Act) be allowed.
(2.) Petitioners are brothers. Along with other co-tenure holders they were jointly recorded over Plot No.1006/1, area 5 Bigha, 16 Biswa, 10 Biswansi. Each of the two petitioners had 1/6 share each in the said plot. In the provisional consolidation scheme both the petitioners were allotted chaks which included part of their original holding of Plot No.1006/1. Both the petitioners were given adjoining chaks in the northern side of Plot No.1006/1. It may be relevant to mention here that the valuation of Plot No.1006/1 was variable depending upon the quality of the land. It was valued at 10 paise, 50 paise, 60 paise and 80 paise as will be apparent from the C.H. Form-23 filed along with the short counter affidavit of the respondents. It would further be relevant to mention here that about 15 Biswa of Plot No.1006/1 was given in Bachat in the provisional consolidation scheme.
(3.) The petitioners had a grievance with the provisional consolidation scheme to the extent that they were given that area of Plot No.1006/1, which was given higher valuation, and as a result the area allotted to them was less. In these circumstances they had prayed for allotment of that area of Plot No.1006/1 which had lesser valuation so that they could get more area. The objections filed by both the petitioners have been annexed as Annexure No.1 to the writ petition. The objections of the petitioners were registered as Case Nos.2224 and 2171 before the Consolidation Officer. The objection registered as Case No.2224 was allowed by the Consolidation Officer vide order dated 28.7.1990. The other objection registered as Case No.2171 was rejected by the Consolidation Officer vide order dated 8.8.1990. It appears that another objection registered as Case No.1970 was filed by the respondent no.4 Mohammad Ali, which was allowed by the Consolidation Officer by a separate order dated 8.8.1990. By the said order the respondent no.4 was allotted the Bachat land reserved from Plot No.1006/1.;