SUNEEL KUMAR Vs. DEPUTY DIRECTOR OF CONSO

JUDGEMENT

(1.) HEARD Sri Vishun Narain and Sri Arun Kumar Mishra, learned counsel for the petitioner , Sri Ajai Kumar Misra, learned counsel for the contesting respondents and learned State Counsel . Facts, in brief, in the present case are that the petitioner Sri Suneel Kumar is the holder of Chak no. 2045 Gata No. 15 area 0.539 hactare situate in village Grant Datpur, Pargan Kukubh, Tehsil -Gola District Kheri.

(2.) AFTER start of consolidation proceedings, objections were filed before opposite party no.3 in the matter in issue, thus litigation started in respect to the chak in question between the petitioner and opposite party no.4. Banke Lal , who is holder of Chak no.147. Accordingly a case has been registerd before opposite party no.3 . Consolidation Officer, First, Camp- Gola, District Kheri ( Case no. 117/2012) in which plea was taken by the petitioner in his defence was that petitioner may be allotted a chak at his original holding I.e. Gata -15 as there his private source of irrigation/ boring . However the case of the petitioner has been rejected by opposite party no.3 by an order dated 22.12.2011. Aggrieved by the said facts, petitioner filed an appeal( Appeal No. 327 of 2012, Suneela Kumar Vs. Banke lal and others ) alongwith application for condonation of delay before Settlement Officer Consolidation, Kheri, who by means of order dated 30.3.2012 condoned the delay and allowed the appeal with the following observations:- ...[VERNACULAR TEXT OMMITED]... Thereafter, Sri Banke Lal fled a revision ( Revision No. 393/ 2012 , Banke Lal Vs. Suneel Kumar ) under Section 48 of the U.P. Consolidation and Holdings Act, 1953 ( hereinafter referred to as "Act'), allowed by an order dated 18.8.2012 ( Annexure no.8) with the following observations:- ...[VERNACULAR TEXT OMMITED]...

(3.) U .P. Act No.8 of 1963 the Section 48 was again amended and after amendment the same reads as under:-