SHYAM SUNDER Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri K.N. Mishra for the petitioner and Sri Satyendra Kumar Singh for the respondent-2.

(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation, Deoria dated 30.01.1988, passed in Revision Nos. 318/1159A and 310/1160A, arising out of chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) Plot Nos. 511 and 512, situated in village Pakaribabu tappa Haweli, tahsil Salempur, district Deoria were the original holdings of Paramhans (respondent-2) where his house was situated. Plot No. 280/2 was lying adjacent to the house of respondent-2. Plot Nos. 500 and 501 were original holdings of the mother of the petitioner, situate in south of plot No. 280 where a chak has been allotted to the mother of the petitioner. Respondent-2 filed an objection under Section 20 of the Act, claiming a chak of 0.10 acre on plot No. 280/2. The Consolidation Officer, by order dated 12.10.1984 partly allowed the objection of respondent-2 and allotted a chak of an area of 0.05 acre to him on plot No. 280/2. The petitioner filed an appeal (registered as Appeal No. 55) from the aforesaid order. The appeal was heard by Assistant Settlement Officer Consolidation, Salempur, who by dated 29.06.1985 allowed the appeal of the petitioner and allotted plot No. 280/2 area 0.05 acre in the chak of the petitioner. Respondent-2 filed a revision (registered as Revision No. 318/1159A). The petitioner also filed a revision (registered as Revision No. 310/1160A ) from the aforesaid order. These revisions were heard by Deputy Director of Consolidation Deoria, who by order dated 30.01.1988 allowed the revision of respondent-2 and restored plot No. 280/2 in his chak and dismissed the revision of the petitioner. The order of respondent-1 is challenged in this writ petition.