(1.) This petition under Article 227 of the Constitution of India has been filed challenging the orders dtd. 18/5/2017, 7/8/2008 and 24/5/2005 passed by Deputy Director of Consolidation, Settlement Officer Consolidation and Consolidation Officer, respectively.
(2.) Petitioners and respondents are resident of Village Belda, Paragana and Tehsil Roorkee, District Haridwar. The said village was brought under consolidation by a notification issued under U.P. Consolidation of Holdings Act. Objections were invited from tenure holders under Sec. 9 of the Consolidation of Holdings Act, which was decided by Consolidation Officer on 24/5/2005. Feeling aggrieved by the order passed on their objection, petitioners filed an appeal under Sec. 11 of the Consolidation of Holdings Act, which was dismissed by Settlement Officer Consolidation vide judgment dtd. 22/12/2007. Petitioners thereafter filed restoration application, which was allowed by the Settlement Officer Consolidation vide order dtd. 7/8/2008 and his appeal was partly allowed on 7/8/2008. Eight years after the order passed by the Settlement Officer Consolidation, petitioners filed a revision on 13/10/2016 under Sec. 48 of the Consolidation of Holdings Act against the order passed by Settlement Officer and the said revision was dismissed by Deputy Director of Consolidation vide order dtd. 18/5/2017. The orders passed by all the three Consolidation Authorities have been challenged in this writ petition.
(3.) According to the petitioners, they are recorded tenure holder in respect of Gata No. 567 admeasuring 4.035 hectares, however, in the survey, done by Consolidation Authorities, the area of Gata No. 567 was found to be 4.225 hectares, however, when Gata No. 567 was physically measured, then its area was found to be 4.706 hectares on the spot. The Consolidation Officer ultimately directed that the area of Gata No. 567 be recorded as 4.225 hectares. The appellate court affirmed the order passed by Consolidation Officer and directed that the area of Gata No. 567 be recorded as 4.225 hectares, as recorded in the survey. Thereafter, the revional court not only affirmed the order passed by Settlement Officer Consolidation, but also directed that the excess land of 0.481 hectares of Gata No. 567 be recorded in the name of Gaon Sabha.