RAM ABHILAKH Vs. DEPUTY DIRECTOR OF CONSOLIDATION FAIZABAD

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent.

(2.) This petition has been filed challenging the order dated 22.01.2015 passed by the Deputy Director of Consolidation, Faizabad in Revision No.862: Badri Prasad Vs. State and others, by which the Revisional Court has allowed the Revision of the respondent no.3 and has set aside the order passed by the Settlement Officer (Consolidation), Faizabad dated 11.07.2014 and confirmed the order dated 26.09.2013 passed by the Consolidation Officer Kuchera, Faizabad.

(3.) It has been submitted by learned counsel for the petitioner that plot nos.1087, 1179 and 1276 situated in Village Majnai, Tehsil Milkipur, District Faizabad, are recorded in the name of the petitioner and during the consolidation proceedings, plot no.1179 was divided into two plots by numbering them as plot no.1179/1 ad-measuring 0.045 hectares and plot no.1179/2 ad-measuring 0.453 hectares. During the preparation of the statement of principles under Section 8A of the Uttar Pradesh Consolidation of Holdings Act (hereinafter referred to as 'the Act'), the Assistant Consolidation Officer proposed the area of 0.022 hectares to be carved out of plot no.1179/2 and marked as land appurtenant to building (LAB) chak in favour of respondent no.3 Badri Prasad. The petitioner had his private source of irrigation and number of trees over plot number 1179/2 as well as his house and Sehan situated thereon. The petitioner filed objections under Section 9B of the Act before the Consolidation Officer, Kuchera, Faizabad, registered as Case No.53: Ram Abhilakh Vs. State of U.P. and others. The objections were rejected ex parte on 05.05.2011.