RAM BRIKSH Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri A.K. Malviya for the petitioner and Sri S.K. Tiwari for the contesting respondents.

(2.) THE writ petition has been filed against the orders of Settlement Officer, Consolidation dated 20.03.2013 and Deputy Director of Consolidation dated 11.12.2013 passed in chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE counsel for the petitioner submits that plot no. 109/3 was lying in front of the house of the petitioner accordingly an area of 0.039 hectare of this plot was allotted to the petitioner looking to his abadi. The Consolidation Officer after spot inspection has specifically found that the chaks of the respondents were rightly allotted and no interference is required in it. Plot no. 109/3 was the original holding of the petitioner and in case objection has not been filed under Section 9 of the Act against determination of its valuation then subsequent claim for deleting the valuation of this plot is barred under Section 11 A of the Act. These points were specifically raised before the Deputy Director of Consolidation. Deputy Director of Consolidation has carved out a totally new case that the land was purchased by the respondents for the purposes of abadi although there was no such pleading either in the objection of the respondents or in the memorandum of appeal. Thus the revision of the petitioner has been dismissed on extraneous consideration. The orders of Settlement Officer, Consolidation and Deputy Director of Consolidation are against the provisions of Section 11 A of the Act and liable to be set aside.