BHAGWAN Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Rakesh Kumar holding brief of Sri Dinesh Pathak, for the petitioners and Sri A.K. Malviya, for the respondents.

(2.) THIS writ petition has been filed against the orders of Consolidation Officer dated 05.07.2007 and 08.09.2010, Settlement Officer Consolidation dated 12.01.2011 and 27.07.2011 and Deputy Director of Consolidation dated 02.04.2012 and 14.05.2012 in chak allotment proceedings under U.P. Consolidation of Holdings Act,1953 (hereinafter referred to as the 'Act').

(3.) PLOTS 140, 152, 154, 156, 411, 571, 580, 606 and 656 of village Nari Pachdevra, tahsil Saidpur, district Ghazipur were the original holdings of the petitioners having 1/2 share and respondents -4 and 5. Assistant Consolidation Officer proposed two chaks to the petitioners namely first chak was proposed on plots 569, 570, 580, 581, 582 and 583 of an area of 0.7709 hectare and second chak was proposed on plots 140, 141, 152 and 154 of an area of 0.1149 hectare. The petitioners filed an objection for enhancement of area of their first chak by allotting an area of 0.165 hectare on plot 571. The Consolidation Officer heard the objection of the petitioners along with other chak objections of the village and by order dated 05.07.2007, left plot no. 606 as chak out. Due to which its valuation has been reduced from the chak of the petitioners. By taking an area of 0.178 hectare from the first chak of the petitioners, some area was enhanced in the second chak of the petitioners. The petitioners filed an application for recall of the order dated 05.07.2007, which was rejected by order dated 08.09.2010.