AINUL HAQUE Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation, Ballia dated 06.03.1981, passed in Revision No. 811, Jagdeo Vs. Abbas and others and Revision No. 812, Shri Ram and others Vs. Abbas and others, arising out of chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) Plot No. 333 (area 0.62 acre) was the original holding of the petitioner along with his other co-sharers in which he had 1/6 share. The petitioner has stated that he and his uncle Bashir Khan had their pumping set on the boundary of plot No. 333 and 338, which was their private source of irrigation. An area of 0.49 acre of plot No. 333 was proposed in the chak of Shri Ram and Shankar (respondents-4 and 5) chak holder 158. The petitioner filed an objection claiming his chak on plot No. 333. The objection of the petitioner was heard along with other objections of the village, after spot inspection by Consolidation Officer, Bansdeeh, Ballia, who by order dated 19.01.1978, allowed the objection of the petitioner.