RAMSAJEEVAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for respondent No. 4 as well as learned Standing Counsel.

(2.) Grievance of the petitioners is that they have illegally been dislodged from their largest original holding in violation of the provisions as enunciated under Sec. 19(1)(e) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (in brevity U.P.C.H. Act).

(3.) Facts culled out from the record are that in provisional consolidation scheme petitioner No. 1 has been proposed chak No. 265 at two places; first chak over plot No. 521 measuring area 0.504 hectare and second chak over plot Nos. 464, 465, 466, 467, 480 and 481/2 measuring area 0.360 hectare, total seven plots measuring area 0.864 hectare. Likewise, petitioner No. 2 has been proposed Chak No. 213 at three places; first chak over plot Nos. 515, 516 and 512 measuring area 0.250 hectare, second chak over plot No. 521 measuring area 0.275 hectare and third chak over plot Nos. 158/2, 159/1, 160, 157/7, 194, 195 and 196/1 measuring area 1.532 hectare, total 11 plots measuring area 2.057 hectare. During the consolidation operation, respondent No. 4 has purchased the property, accordingly, her separate chak has been carved out being chak No. 381-Aa. Objection under Sec. 20 of U.P.C.H. Act filed on behalf of respondent No. 4 has partially been allowed by the Consolidation Officer, vide order dtd. 24/6/2021. Having been aggrieved with the said order, respondent No. 4 has preferred an appeal dtd. 25/3/2023 claiming carvation of Chak abutting her abadi site. In the appeal she has also referred the order dtd. 17/5/2022 passed under Sec. 12 of U.P.C.H. Act. Settlement Officer of Consolidation dismissed the appeal vide, order dtd. 27/4/2023, on the ground that her chak No. 381-Aa has already been modified by order dtd. 21/12/2021 passed by Settlement Officer of Consolidation in appeal No. 54/2021. Having been aggrieved, respondent No. 4 has filed revision. Deputy Director of Consolidation has allowed the revision by order dtd. 24/6/2024, which is under challenged before this Court.