SURAJ SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Dinesh Rai, learned counsel for the petitioner, Shri V.K. Singh, learned Senior Counsel assisted by Sri S.K. Yadav as well as Sri V.M. Tripathi, learned counsel for respondent Nos. 5, 6 and 7 and Sri Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State.

(2.) Brief facts of the case are that petitioner is Chak Holder of Chak Nos. 799 and 800. Respondent No. 5 is Chak Holder No. 65. The Assistant Consolidation Officer has proposed single Chak to the petitioner on plot Nos. 489M, 496M, 505M. Against the proposal of Assistant Consolidation Officer the Chak Objection was filed by petitioner, which was decided by Consolidation Officer vide order dtd. 11/2/2020 allotting the Plot No. 496, in which his source of irrigation is situated along with the Plot No. 505. Petitioner was also allotted Plot Nos. 500, 499 under the order of Consolidation Officer dtd. 11/2/2020. Against the order of Consolidation Officer petitioner filed Chak Appeal before the Settlement Officer Consolidation claiming that he should be allotted Chak over plot Nos. 536 and 539 in place of plot Nos. 499 and 500. The aforementioned appeal filed by the petitioners was dismissed vide order dtd. 23/12/2020. Petitioner challenged the appellate order by way of revision under Sec. 48 of the U.P.C.H. Act, which was dismissed by Deputy Director of Consolidation vide order dtd. 15/9/2022. Hence, this writ petition for following reliefs:-

(3.) This Court entertained the matter and granted interim order on 1/12/2022. In pursuance of the order dtd. 1/12/2022 pleadings have been exchanged between the parties.