ASHOK KUMAR Vs. D D C AND OTHERS

JUDGEMENT

(1.) Heard Sri R.C. Singh, counsel for the petitioner and Sri K. R. Sirohi, Senior Advocate, assisted by Sri Juned Alam, for the contesting respondent2.

(2.) The writ petition has been filed against the order of Deputy Director of Consolidation (respondent-1) dated 30.12.2010, 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 plots 546, 547 and 548 of village Turkbalia Sahabganj, tahsil Tamkuhiraj, district Kushi Nagar, which are roadside lands, near the local market and having commercial value. It has been stated that plots 541, 544/2, 545/2, 546, 547, 568, 569, 729, 975/2, 975/3, 1172 and 1310 were the original holdings of the petitioner, Jawahar (respondent-2) and Anil Kumar and Ajay Kumar, who were real brothers. During consolidation chak no. 3-C was allotted to the petitioner, in which three chaks were proposed. First chak was proposed on plots 753, 761, 762, 800, 801, 802 and 803, second chak was proposed on plots 583, 598, 599, 600, 601, 602, 603, 612 and 615 and third chak was proposed on plots 546, 547 and 548. Plots 544/2 and 545/2 were grove land and kept chak out.