LALASA Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Sri A. P. Tiwari, for the petitioner and S.N. Tripathi, for the contesting respondents.

(2.) THIS writ petition has been filed against the orders of Settlement Officer Consolidation dated 28.02.2013 and Deputy Director of Consolidation dated 18.12.2013 passed in chak allotment proceedings under U.P. Consolidation of Holdings Act,1953 (hereinafter referred to as the Act).

(3.) KAPIL Deo (respondent -4) was allotted chak on plots 336, 337 and 360 by the order of Consolidation Officer dated 31.10.2012 passed in Case No. 204. Respondent - 4 filed an appeal (registered as Appeal No. 1028) from the aforesaid order of Consolidation Officer. In the appeal, respondent -4 stated that plot 360 was low level land and an area of 0.131 hectare of this plot has been allotted in his chak, who is a small tenure holder having total area of 0.221 hectare as such this plot be taken from his chak and its valuation be allotted to him on his original holdings of plot 184, which is near to the abadi. The appeal was consolidated with other chak appeals of the village and heard by Settlement Officer Consolidation, who by order dated 28.02.2013, held that during spot inspection, it was found that plot 169/2 was adjacent to rasta on plot 169/1, 170 ( area 0.012 hectare) was bachat and 171 (area 0.032 hectare) was abadi on the spot as such plots 169/2, 170 and 171 were liable to leave as chak out. Plots 169/2, 170 and 171 were original holdings of the petitioner. Plot 184 was original holdings of respondent -4 and has been left for extension of Harizen abadi. By deleting Harizen abadi from plot 184, respondent -4 was entitled for a chak on his original holdings which is near the abadi. On these findings the appeals were allowed by order dated 28.02.2013 and valuation of plots 169/2, 170 and 171 were deleted. Due to which valuation of Rs. 3.76 was reduced from the chak of the petitioner and his second chak on plots 169/2 and 183 was abolished. Respondent -4 was allotted chak on plots 183 and 184 of 0.056 hectare.