MATA PRASAD Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri Ram Niwas Singh for the petitioner and Sri Manish Kumar Srivastav for respondent-2.

(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 11.01.1984, allowing the restoration application filed by respondent-2, in Revision No. 2603, Raj Narain Vs. Mata Prasad arising out of chak allotment proceeding under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) Plot No. 570 and 312 were the original holding of the petitioner, Raj Narain (respondent-2) along with other co-sharers. The Assistant Consolidation Officer proposed a chak to respondent-2, on plot No. 312. The petitioner filed an objection against the proposed chak of respondent-2, which was allowed by the Consolidation Officer and respondent-2 was allotted chak on his original plot No. 570. Respondent-2 filed an appeal from the order of Consolidation Officer. The Settlement Officer Consolidation dismissed the appeal of respondent-2 by order dated 06.08.1976 holding that single chak allotted to respondent-2 on his original holding was not liable to be disturbed. Respondent-2 filed a revision (registered as Revision No. 2603) from the aforesaid order. Deputy Director of Consolidation inspected the spot on 30.01.1978 in the presence of respondent-2 and heard the arguments. Deputy Director of Consolidation by order dated 04.02.1978 found that in plot No. 312 share of respondent-2, in terms of valuation was 1.5 anas while in plot No. 570 his share in terms of valuation was Rs. 3 and 33 anas as such he was rightly allotted a single chak on his original holdings on plot No. 570, which was his largest original holding. On these findings the revision was dismissed by order dated 04.02.1978.