BANWARI Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri Jokhan Prasad, counsel for the petitioner and Sri Tripathi B. G. Bhai, for the contesting respondents.

(2.) The writ petition has been filed against the orders of Consolidation Officer dated 31.01.1992, Settlement Officer Consolidation dated 04.06.1992 and Deputy Director of Consolidation (respondent-1) dated 15.09.2011, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").

(3.) The dispute relates to the allotment of chak on plot no. 517 of village Kathela Garvi, tahsil Itwa, district Siddharth Nagar, which is a roadside land. Total area of plot no. 517 was 1-8-10 bigha. Plot no. 817/1 (area 0-8-5 bigha) and 817/2 (area 0-4-15) (total area 0-13-0 bigha) were recorded in the names of Banwari (the petitioner) and Tejai Ram son of Jaggal, having 1/2 share each. Remaining area of plot no. 517 was recorded in the names of Ishaq, son of Atar Hussain, Pir Mohd. and Aziz, sons of Islam (as mentioned in CH Form-2-A filed by the petitioner along with the Supplementary Affidavit). CH Form-23 of the petitioner shows that he had sold an area of 0-1-0 bigha of plot no. 517 to Radhey Shyam, son of Mishri Lal. Thus after sale deed in favour of Radhey Shyam, out of total area of 0-6-10 bigha, an area of 0-5-10 bigha of plot no. 517, remained with the petitioner. The petitioner (chak No. 528) was proposed two chaks, i.e. first chak was proposed on plots 485 of an area of 0-15-14 bigha and second chak was proposed on plots 506, 515 and 517 of an area of 1-18-19 bigha. The petitioner was also allotted a joint chak No. 819 along with Ram Lakhan, Radhey Shyam, Tejai and Ram Lala, in which also, two chaks were proposed. The petitioner filed an objection against his proposed chaks, in which he claimed for modification of his second chaks, reducing valuation of plot no. 517 and in alternative for allotment of chak on plot no. 1176. The Consolidation Officer by his order dated 31.01.1992 dismissed the objection of the petitioner.