DINA NATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Namwar Singh, for the petitioners and Sri S.M.A. Abdy, for the contesting respondent -2. The writ petition has been filed against the orders of Deputy Director of Consolidation (respondent -1) dated 9.4.1991, 28.10.1994 and 2.6.2006, passed in reference, arising out of chak allotment proceedings under section 48(3) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) THE dispute between the parties is in respect of allotment of chak on plot 872 of village Dattipur, pargana Bhadohi, district Sant Ravidas Nagar, Bhadohi. The consolidation operation in the village was started by notification dated 29.4.1982. The village was published under section 9 of the Act on 30.9.1984. In basic consolidation records, plot 872 was recorded as 'usar' land. Subsequently, Provisional Consolidation Scheme was framed. In chak allotment proceedings, one Buddhu filed a revision (registered as Revision No. 777/400) against order of Settlement Officer Consolidation dated 7.12.1986. Deputy Director of Consolidation by order dated 24.11.1988 dismissed the revision but found that in the chak of Murlidhar (respondent -2) (chak holder 185) there is double allotment of plots 848 and 849, due to which, there was deficiency of valuation of Rs. 45.00, which was liable to be corrected and the land of valuation of Rs. 45.00 was liable to be allotted in his chak. On these findings Deputy Director of Consolidation directed for allotting valuation of Rs. 15.33 on plots 357 and 380 and valuation of Rs. 29.67 on plots 204, 209 and 392, in the chak of respondent -2.

(3.) BHUKHAL (husband of Smt. Kalawati Devi) (fathers of the petitioners) filed an objection dated 23.3.1994, in the reference, stating therein that some area of plot 872/1 was in the shape of pit and remaining area was being used by the villagers as khaliyan and pasture etc. The land was the public utility land and out of consolidation area and is being illegally allotted to respondent -2 in collusion with Pradhan. Similar objections were also filed by Madhri, Lalta, Harish Chandra, Rajram, Ram Lal, Lalu and Shyam Lal of the village. Deputy Director of Consolidation by order dated 28.10.1994, rejected the objections of Bhukhal and others and accepted reference.