GAJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the order dtd. 6/12/2021 (annexure No. 5) passed by the Deputy Director of Consolidation (respondent No. 2) in reference case No. 0046 of 2019 (State Vs. Gajendra Singh and others) under Sec. 48 (3) of UP Consolidation of Holdings Act, 1953 (in brevity, 'UP CH Act').

(2.) Instant case is arising out of reference proceeding under Sec. 48 (3) of UP CH Act to complete the area of drainage lane and chak road made over plot No. 3 and plot No. 7. To compensate the aforesaid short area, reference has been made by the Consolidation Officer to adjust the said area from chak No. 126/117, chak No. 98/91, chak No. 393/337, chak No. 394/372 and chak No. 336/319.

(3.) Counsel for the petitioners submits that the Consolidation Officer has illegally made a reference to complete the area of plot No. 3 and plot No. 7 from the chak of the petitioners whereas chaks of other tenure holders have not been disturbed. Required area should be compensated from the chak of petitioners' brothers as well. In lieu of taken area, the petitioners have illegally been proposed chak over plots No. 45 and 46, which are bad quality of land. It is further submitted that proper measurement work of surrendered chaks of plots No. 3 and 7 have not been made. He further submits that original area of chak No. 126 should be made intact and in case, change is required on the spot, petitioners and their brothers should be preferred chak over plot No. 225.