YASHOMATI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Awadhesh Kumar Yadav, learned Counsel for the petitioner, Mr. Sanjay Kumar Pandey holding brief of Mr. Amzad Rza, learned counsel for respondent Nos. 3 and 4 and Mr. Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents.

(2.) Brief facts of the case are that petitioner is chak holder No. 503 and original plots of petitioner are Gata Nos. 222, 325/1, 494-M area 0.143. Assistant Consolidation Officer has proposed single chak to the petitioner of plot No. 494-M area 0.141 hectare. Respondent No. 3 is chak holder No. 745 and original plots of the respondent Nos. 3 area 457/2, 457/1, 494-M area 0.377 hectare. Assistant Consolidation Officer has proposed two chaks to respondent No. 3 first chak on plot No. 494-M and second chak on plot No. 457/1-M total area 0.332 hectare. Against the proposal of Assistant Consolidation Officer, chak objection was filed by respondent No. 6, which was decided vide order dtd. 10/4/2023. Against the order of Consolidation Officer dtd. 10/4/2023 chak appeal under Sec. 21 (2) of U.P.C.H. Act was filed by respondent No. 3 before the Settlement Officer of Consolidation claiming allotment of plot No. 494 taking into consideration the source of her irrigation, two more appeals were filed against the order of Settlement Officer of Consolation Officer one by Chaturbhuji and another by Ummed Ali. All the three appeals were consolidated and heard together and Settlement Officer Consolidation vide order dtd. 26/8/2023 dismissed the appeals filed by respondent Nos. 3 (Ummed Ali) and 4 (Sahrunnisha) but Appeal filed by respondent No. 5 (Chaturbhuji) was allowed. Against the appellate order dtd. 26/8/2023 a revision under Sec. 48 (1) of U.P.C.H. Act was filed by respondent No. 3 which was registered as revision No. 934 of 2023. Deputy Director of Consolidation vide impugned order dtd. 27/12/2023 allowed the revision, hence the instant writ petition filed on behalf of the petitioner challenging the impugned order dtd. 27/12/2023 passed by respondent No. 2/Deputy Director of Consolidation in revision No. 934 of 2023.

(3.) The matter has been entertained by this Court on 19/3/2024 issuing notice to respondent No. 6 and parties were directed to maintain status quo.