BAJRANG PATHAK Vs. D D C

JUDGEMENT

(1.) HEARD Sri Dinesh Kumar Pandey for the petitioner and Sri Kamal Narain Rai for the respondents.

(2.) THIS writ petition has been filed against the order of DDC dated 21.2.2014, passed in chak allotment proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").

(3.) ACCORDING to the respondents, the plot in dispute has been included in the municipal limit of Azamgarh Municipal Corporation since 1975 and the consolidation over the land was not possible. However, it was included in consolidation proceedings in the year 1980. The CO has determined the valuation of plot no. 348/1 (area 0.800 hectare), plot no. 348/2 (area 0.314 hectare) and plot no. 348/3 (area 0.2125 hectare) and the remaining area has been left as grove as well as abadi and kept outside the consolidation scheme. The contesting respondents filed a time -barred objection on 31.7.1992 for deleting the valuation of entire area of plot no. 348 on the ground that the land in dispute was lying within the municipal limit of Azamgarh Municipal Corporation as well as it is a road side land and has commercial value and it's valuation cannot be determined at the ratio of standard plot, on which the ACO submitted his report on 9.9.1992 and the CO allowed the objection of the petitioner by order dated 27.8.1993 and deleted the valuation of plot no. 348. However, in the meantime, the chak allotment proceedings came for consideration before the DDC and the DDC by order dated 5.3.1993 allotted an area of 0.089 hectares of plot no. 348 in the chak of the petitioner. Respondents have filed Writ - B No. 14208/1993 against the aforesaid order, which is pending. In the meantime, the CO by the order dated 27.8.1993 deleted the valuation of plot no. 348. The order was challenged by the petitioner in appeal, which was allowed by the ASOC by order dated 9.9.2004 and the order of CO dated 27.8.1993 was set aside and the matter was remanded to the CO to pass a fresh order, after giving opportunity of hearing as well as evidence to the parties. The revision of respondent -5, i.e. Revision No. 539/10 from the aforesaid order, has been allowed by the DDC by order dated 20.1.2014. The DDC in the impugned order held that the land being a road side land, situated on Azamgarh - Varanasi PWD Road, having a commercial value, as such, according to the circular of Consolidation Commissioner, U.P. dated 26.5.1981, either this land was liable to be kept outside the consolidation proceeding, or it was liable to be allotted to the original tenure holder. Accordingly, the CO has not committed any illegality in deleting the valuation of this plot and on this finding, the order of SOC has been set aside and the order of CO dated 27.8.1993 has been reinstated.