KHAGENDRA SINGH Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Sri Vinod Sinha for the petitioner and Standing Counsel for respondent nos. 1 to 3 and Sri Rajesh Kumar Dubey for respondent-4.

(2.) The writ petition has been filed for quashing the orders of Deputy Director of Consolidation, Hathras dated 02.08.2000, passed in Revision No. 278/188, Settlement Officer Consolidation, Aligarh dated 31.03.1997 and Consolidation Officer, Mendu, Hathras dated 07.09.1991 and 13.09.1991 by which an area of 0.112 hectare of plot No. 108, situated in village Ninamai, tahsil and district Hathras, which was original holding of the petitioner, has been reserved for extension of abadi, Harizen abadi and Holika during consolidation proceedings.

(3.) It has been stated that plot No. 108, situated in village Ninamai, tahsil and district Hathras was the original holding of the petitioner and his brother. They have private source of irrigation in this plot and some part of it was also used for other abadi purposes. They have also constructed a boundary wall of this plot. The petitioner was proposed a chak on this plot during consolidation. The Consolidation Officer, while deciding objections under Section 20 of U.P. Consolidation of Holdings Act, 1953, of the village, by orders dated 07.09.1991 and 13.09.1991, reserved an area of 0.112 hectare of plot No. 108, for extension of abadi, Harizen abadi and Holika. The petitioner filed an appeal from the aforesaid order. The appeal was heard by Settlement Officer Consolidation, Aligarh, who by dated 31.03.1997 found the existence of private source of irrigation in plot No. 108, some part of it was also used for other abadi purposes and entire plot was surrounded by a boundary wall but he has merely changed the location of abadi, Harizen abadi and Holika from western side to northern side of the plot. The petitioner filed a revision from the aforesaid order which has been dismissed.