GABBU LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Mr. Dharmendra Dhar Dubey for petitioners, Mr. Shrawan Kumar Tripathi, learned Counsel for the respondent No. 4, Mr. Pankaj Kumar Gupta for respondent No. 5-Gram Sabha and learned Standing Counsel for the State-respondent Nos. 1, 2 and 3.

(2.) Brief facts of the case are that petitioner is chak holder No. 145 and original holding of petitioner is plot No. 45 area 0.511 hectare. The Assistant Consolidation Officer has proposed two chak to petitioner, first chak on plot No. 43 M area 0.090 plot No. 45 M area 0.178 and Second Chak on plot No. 782/1 area 0.002, 783 area 0.050, 784 area 0.134. Respondent No. 4 is chak holder No. 194-Aa and Vijay Shanker (son of respondent No. 4) is chak holder No. 930. Petitioner filed a chak objection against the proposal of Assistant Consolidation Officer claiming allotment on plot Nos. 75 and 76 which was recorded as bachat. The grievance of the petitioner was considered and consolidation officer vide order dtd. 30/10/2018 decided the chak objection by allotting chak on plot Nos. 75, 76, 777 and 784. Respondent No. 4/Smt Gulabi Devi filed an appeal under Sec. 21 (2) of U.P. Consolidation of holdings Act, 1953 hereinafter referred to as U.P.C.H. Act before Settlement Officer of Consolidation which was dismissed vide order dtd. 30/9/2020. Respondent No. 4 challenged the appellate order dtd. 30/9/2020 by way of revision under Sec. 48 of U.P.C.H. Act which has been allowed under the impugned order dtd. 26/12/2022 taking out plot Nos. 75 and 76 area 0.167 hectare from the petitioner's chak and in lieu thereof petitioner has been allotted chak on plot Nos. 86 and 87 area 0.167 hectare hence this writ petition on behalf of petitioner for following relief:

(3.) This Court vide order dtd. 29/8/2023 issued notice to respondent No. 4 accordingly respondent No. 4 has filed her counter affidavit and petitioner has filed his rejoinder affidavit.