MOHKAM LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Challenge in the present writ petition is the order dtd. 1/7/2018 passed by the Consolidation Officer (respondent no. 3) in Case No. 53/2019 (Mohkam Lal vs. State), under Sec. 21(1) of U.P. Consolidation of Holdings Act (in brevity "U.P.C.H. Act") and the order dtd. 27/9/2019 passed by the Settlement Officer of Consolidation (respondent no. 2) in Appeal No. 186 (Mohkam Lal vs. Shivram Singh and others) under Sec. 21(2) of U.P.C.H. Act and the order dtd. 30/12/2019 passed by the Deputy Director of Consolidation (respondent no. 1) in Revision No. 2019531256000139 (Mohkam Lal vs. Shivram Singh and others) under Sec. 48 of U.P.C.H. Act.

(3.) Facts culled out from the pleadings of the petitioner reveals that during the provisional consolidation scheme present petitioner has been proposed Chak No. 289 at three places; first over Plot No. 290, second over Plot No. 367 and third over Plot No. 352. Feeling aggrieved against allotment of third chak on Plot No. 352 the petitioner has filed an objection under Sec. 21(1) of U.P.C.H. Act alleging therein that according to his share he is entitled for area 0.179 hectare over Plot No. 352 but he has been allotted only area 0.063 hectare, therefore, it may be modified to the extent of his share. The objection filed by the petitioner was rejected by the Consolidation Officer, vide order dtd. 1/7/2019, with an observation that he has been proposed chak over his original holding and sufficient change has already been made in Case No. 42, which was decided vide order dtd. 21/8/2018, therefore, second amendment is not possible. Feeling aggrieved against the said order, the petitioner has filed appeal, which was also dismissed vide order dtd. 27/9/2019. On revision being filed by the petitioner, Deputy Director of Consolidation has affirmed the order passed by the Settlement Officer of Consolidation vide impugned order dtd. 13/12/2019, which is under challenge.