SARNISHTHA DEVI Vs. DIRECTOR OF CONSOLIDATION GHAZIABAD

JUDGEMENT

(1.) HEARD Sri S.K. Tyagi, for the petitioners, Sri A. K. Sachan, Sri S. Shekhar and Sri S. S. Shukla, for the contesting respondents.

(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 04.10.2011, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").

(3.) THE petitioners were co -tenure holders in plots 1, 2, 3, 4, 5, 6, 11, 12, 13, 40, 127, 190, 431, 439, 440, 441, 443, 531, 532, 536, 541, 542, 543, 656, 657 and 676 of village Khindaura, pargana Jalalabad, district Ghaziabad. Smt. Sarnishtha Devi (petitioner -1) (chak -1158) was proposed one chak on plots 424, 433, 435, 436, 437, 438, 439, 440, 441, 442, 443 and 535 of the area of 0.809 hectare. Smt. Sushma (petitioner -2) (chak -1157) was proposed two chaks, first on plots 2, 3, 10, 11, 12 and 14 and second on plots 533, 542, 543, 551 and 552 of total area 1.161 hectare. The petitioners filed their objections for allotment of their chaks on plot 656 on the ground that they had their private source of irrigation on plot 656. Consolidation Officer, by order dated 25.02.2010 allowed their objections and allotted a second chak to Smt. Sarnishtha Devi on plots 656 and 662 of the area of 0.144 hectare and third chak to Smt. Sushma on plots 656 and 662 of the area of 0.139 hectare.