SHYAM BIHARI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Upendra Kumar Pandey, learned counsel for the petitioner, Sri Harendra Prasad, learned counsel, holding brief of Sri Amresh Chandra Upadhyay, learned counsel for the caveator/respondent no.4, Sri Avinash Chandra Srivastava, learned counsel for the Gaon Sabha/respondent no.5, learned Standing Counsel represents respondent nos.1 to 3 on admission and perused the record.

(2.) Petitioner has preferred the present writ petition invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, challenging the order dtd. 19/7/2021 (Annexure No.6) passed by Deputy Director of Consolidation (respondent no.1) and order dtd. 8/3/2017 (Annexure No.2) passed by Consolidation Officer (respondent no.3).

(3.) Present writ petition is arising out of chak allotment proceeding in provisional consolidation scheme. Petitioner has moved an application under sec. 20 of U.P. Consolidation of holding Act (in brevity UPCH Act) showing his grievance with respect to placement of his second chak over plot nos.308, 309 etc and also with respect to the exchange value of third chak. Objection filed by petitioner was rejected by Consolidation Officer (respondent no.3) vide its order dtd. 8/3/2017. Having appeal been filed by the petitioner Settlement Officer of Consolidation (respondent no.2) has allowed appeal vide order dtd. 25/4/2017. Consequently, petitioner was proposed second chak over the plot nos.111 etc. in place of 308 etc. Due to the order passed by respondent no.2 chak of Prem Shankar (respondent no.4) was disturbed, who has filed revision challenging the order passed by respondent no.2. Revision filed by respondent no.4 was allowed vide impugned order dtd. 19/7/2021 passed by respondent no.1, which is under challenged in present writ petition.