CHHAVI NATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION, LUCKNOW

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri P.S. Pandey for the private respondents and learned Standing Counsel for the State respondents.

(2.) The petitioner challenges the order dated 4.6.2016 passed by the Deputy Director of Consolidation, Lucknow (hereinafter referred as 'respondent no.I1).

(3.) It is the case of the petitioner that petitioner and respondent nos.2, 3 and 4 belong to the same family and were co-tenure holders of certain plots earlier. Respondent nos.2 and 3 are sons of respondent no.4. It has been submitted by the counsel for the petitioner that Plot no.34, 35 and 36 were the original holdings of the petitioner and on the basis of a mutual partition, he has been in possession thereof since long. The father of respondent nos.2 and 3 and husband of respondent no.4 who were co-tenure holder of the petitioner was in possession of Plot nos.104 and 105 as per the same mutual partition. When consolidation proceedings were initiated in village Andpur Umrao, Pargana Bijnaor, Tehsil and District Lucknow, the Assistant Consolidation Officer allotted chak over Plot no.52 and an udan chak over Plot nos.59, 58 and 57. The Consolidation Officer affirmed the proposal of the Assistant Consolidation Officer and therefore, the petitioner filed an appeal before the Settlement Officer Consolidation, namely Appeal no.27/2014-15. The Settlement Officer Consolidation taking into account the records and map of the village has also, after conducting on the spot inspection, passed an order on 14.9.2015 allotting chak overPlot nos.34, 35 and 36, the original holding of the petitioner, to the petitioner.