MOHD HASIM Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to set aside the impugned order dated 15.05.2017, passed by Settlement Officer, Consolidation Roorkee, District Haridwar (copy Annexure no. 3 to the petition).

(2.) Learned counsel for the petitioner argued that petitioner is in possession of chak, i.e., plot no. 208 gata no. 107/7, situated at Village Nagla Imrati, Tehsil Roorkee, District Haridwar and his name was recorded in the C.H. form. Respondent no. 4 filed an objection before Consolidation Officer, Roorkee under Section 21(1) of the U.P. Consolidation of Holdings Act, which was registered as case no. 112, Sher Ali vs State, Village Nagla Imrati, Tehsil Roorkee, District Haridwar. The Consolidation officer, vide order dated 10.07.2015, allowed the objection of the petitioner and proposed the chak, i.e., plot chak no. 275 belonging to respondent no. 4 at Chakar no. 107/2 in place of chak gata no. 104/2, 105/2 and 106/2. On 21.03.2016, respondent no. 4 moved an application for making the paimaish of plot chak no. 275 and for delivering the possession to the petitioner. Consolidation Officer, Rookee vide, order dated 10.07.2015, dismissed the application of respondent no. 5.

(3.) Feeling aggrieved by the order dated 10.07.2015, respondent no. 5 filed an appeal before respondent no. 2 praying that the appeal of respondent no. 5 be admitted and order dated 10.07.2015 be set aside.