RAKESH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) I have heard Shri Ajay Pratap Singh Vats for the petitioner and Shri Upendra Singh Learned Standing Counsel appearing on behalf of the State Respondents. The petitioner is aggrieved by the order passed by the Consolidation Officer dated 11.10.2019 and also the order passed by the Settlement Officer Consolidtaion dated 16.11.2019 and the rejection of his Revision by the Deputy Director, Consolidation, by order dated 08.01.2020.

(2.) It is the case of the petitioner that in the proposal made by the Assistant Consolidation Officer, the petitioner was given two Chaks, one over Gata number 8Min, admeasuring 1.439 ha, and the other over Gata number 138Min along with 139 Min and 141 Min, admeasuring 1.337 ha. The petitioner's Chak over Gata number 8 Min was over his original holding but it was at a distance of about 3 km from the village therefore the petitioner moved an objection before the Consolidation Officer, Biswa, praying that his chak should be carved over Gata numbers 155 and 156, which were marked as Bachat land belonging to Gaon Sabha instead of over Gata number 8 Min. The land situated in Gata number 155 in 156 was in the vicinity of his house and of the village and it would lead to facilitating cultivation in a better manner in comparison to carrying out agricultural activities over land which was situated at a distance from the village as the petitioner intended to farm vegetables which required constant attention.

(3.) The demand made by the petitioner for conversion of his Chak over Gata number 155 in 156 was refused by the Consolidation Officer on the ground that the petitioner already had two chaks and giving him a Chak over Gata numbers 155 and 156 would mean that he would have three Chaks in the village, and also because Gata number 155 and 156 were not part of his original holding, and therefore carving out a Chak over them for him would mean allotment of an Udaan chak.