UJAGAR Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Rama Shankar Mishra, for the petitioner and Sri M.P. Singh Gaur, for the respondents.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation, dated 10.09.2013, passed in chak allotment proceedings under U.P. Consolidation of Holdings Act -1953 (hereinafter referred to as the Act).

(3.) THE petitioner filed an appeal (registered as Appeal No. 54) claiming his chak on plot nos. 146 and 147. Bhagwan Singh Sahab filed an appeal (registered as Appeal No. 59) claiming his chak of the stage of Assistant Consolidation Officer. Both the appeals were consolidated and heard by Settlement Officer Consolidation, Badaun, who by order dated 06.04.2013 held that Ujagar was cultivating the land of plot no. 146 in west -north side, where he has also planted his trees and the tab of government tube -well was also existing there. On these findings, the appeal of Bhagwan Singh Sahab was dismissed and the appeal of the petitioner has been allowed. By this order, part of plot nos. 146, 147, 151, 152, 218 and 230 which were earlier allotted in the chak of respondent -2 have been allotted in the chak of the petitioner. Thus northern portion of the chak of respondent -2 was allotted in the chak of the petitioner and southern portion of the chak of the petitioner has been allotted in the chak of respondent -2.