BHAGELOO SINGH Vs. A D C & OTHERS

JUDGEMENT

(1.) Heard Sri Mahendra Pratap, counsel for the petitioner and Sri R.S. Yadav for the respondents.

(2.) The writ petition has been filed for quashing the order of Assistant Director of Consolidation, Jaunpur (respondent-1) dated 30.11.1991, allowing the revision of respondents-2 to 4, arising out of the chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) During consolidation, Bhageloo (the petitioner) was allotted chak No. 74 and Ram Awadh and others (respondents-2 to 4) were allotted chak No. 117. The petitioner filed an objection (registered as Case No. 288) under Section 20 of the Act against his proposed chak, claiming more area on his original plot No. 51, situated near the abadi where he had sugar cane crusher, Madaha and various trees etc. The objection of the petitioner was dismissed by the Consolidation Officer by order dated 01.06.1990. The petitioner filed an appeal (registered as Appeal No. 358) which was heard by Settlement officer Consolidation, Jaunpur who by order dated 13.11.1990 held that during spot inspection sugarcane crusher, madaha and trees of the petitioner were found on plot No. 51 and in between plot No. 52 and a portion of 0.014 hectare of plot No. 51 there was a pit as such this area was not useful for respondents-2 to 4; and in order to connect of the chak road up to the abadi of the village an area of 0.014 hectare of plot No. 51 was required to be taken, on these findings he partly allowed the appeal of the petitioner and allotted an area of 0.014 hectare of plot No. 51 in the chak of the petitioner and an area of 0.014 hectare of plot No. 51 in the chak road.