ASHOK NISHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State -respondent nos.1 and 2.

(2.) Petitioner is aggrieved with the order dtd. 7/8/2023 passed by Deputy Director of Consolidation in proceeding under Sec. 48 (3) of the U.P. Consolidation of Holdings Act, 1953 (in brevity 'U.P.C.H. Act') whereby name of Jamuna (predecessor in the interest of the petitioner) has been ordered to be deleted from plot No.116 measuring area 0.238 hectare.

(3.) Facts culled out from the record are that Smt. Gulabi wife of Daulat (predecessor in the interest of Chandra Shekhar- respondent no.3) and Jamuna (predecessor in the interest of the present petitioner) are co-tenure holders in Khata No.24/1, plot No.55 measuring area 0.376. During consolidation operation they have been proposed chak over plot No.54M. area 0.048 hectare, plot No.55M. area 0.308 hectare and plot No.105M. area 0.001 hectare, total three plots area 0.357 hectare. By order dtd. 2/6/1990 passed in Case No.4688 under Sec. 9 of U.P.C.H. Act, share of the recorded tenure holders have been determined, accordingly, 2/3 share has been accorded to Smt. Gulabi and 1/3 share has been accorded to Jamuna. Deputy Director of Consolidation, vide order dtd. 31/12/1990 passed in reference proceeding being Reference Case No.987, has allocated the area to both the recorded tenure holders according to their respective shares. In pursuance thereof plot No.54M. measuring area 0.041 hectare and plot No.55M. measuring area 0.197 hectare, total two plots measuring area 0.238 hectare has been given into the share of Smt. Gulabi, however, remaining area i.e. 1/3 share over plot No.54M. measuring area 0.007, plot No.55M. measuring area 0.111 hectare and plot No.105M. area 0.001 hectare, total three plots measuring area 0.119 hectare has been given into the share of Jamuna. C.H. Form - 41 reveals that plot No.54M area 0.041 hectare and plot No.55M area 0.197 hectare, which were allocated in share of Gulabi, came with the new identity as plot No.116 measuring area 0.238 hectare. However, on the other side, plot No.54M area 0.007 hectare, plot No.55M area 0.111 hectare and plot No.105M. area 0.001 hectare came with the new identity as plot No.117 measuring area 0.119 hectare, which had been allocated in the share of Jamuna. Due to clerical error, however, name of Jamuna son of Ram Daur was continued with the name of Gulabi Devi being a co-sharer over new plot No.116 measuring area 0.238 hectare. To correct the aforesaid error, respondent no.3 Chandra Shekhar son of Gulabi has moved an application dtd. 2/6/2022 under Sec. 48 (3) of U.P.C.H. Act. After enquiry, Consolidation Officer has submitted his report dtd. 14/6/2022 which was forwarded by Settlement Officer of Consolidation, vide order dtd. 17/6/2022, and on the basis thereof Deputy Director of Consolidation has passed final order dtd. 28/6/2022 by which entry in the name of Jamuna over new plot No.116 has been ordered to be deleted. Having been aggrieved, present petitioner has moved a recall application against the order dtd. 28/6/2022 which was allowed vide order dtd. 7/9/2022 and matter was restored to its original number. Deputy Director of Consolidation has reexamined the reference proceeding and, after scrutinizing the consolidation record, came to conclusion that new plot No.116 is exclusively belongs to Smt. Gulabi, accordingly, passed an order impugned affirming the previous order dtd. 28/6/2022.