JITENDRA SINGH Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The present writ petition arises out of proceedings registered under Sec. 20 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') in relation to allotment of chaks and from the orders passed in the consequential appeal and revision registered under Sec. 21 and Sec. 48 of the Act, 1953.

(3.) Through his order dtd. 5/12/1992, the Consolidation Officer allotted Plot No. 7401, 7402 and 7403 to the respondent no. 2. Against the said order, the petitioner filed an appeal which was dismissed by the Settlement Officer of Consolidation by his order dtd. 8/9/1995. Subsequently, the petitioner filed a revision under Sec. 48 of the Act, 1953 and the said revision was allowed and the matter was remanded back to the Settlement Officer of Consolidation to pass fresh orders in the appeal filed by the petitioner. The Settlement Officer of Consolidation, after remand, vide his order dtd. 23/4/2004 allowed the appeal, i.e., Appeal No. 836, filed by the petitioner. Through his order dtd. 23/4/2004, the Settlement Officer of Consolidation allotted Plot Nos. 7401, 7402 and 7403 to the petitioner and exchanged the chaks allotted to the petitioner and the respondent no. 2 on the ground that the Mausoleum of the ancestors of the petitioner was situated in the aforesaid plots.