MAHESHWARI Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Sri Ram Niwas Singh, holding brief of Sri V.K. Chandel, for the petitioner.

(2.) The writ petition has been filed against the orders of Consolidation Officer dated 08.01.1992, Settlement Officer Consolidation dated 30.06.1992 and Deputy Director of Consolidation dated 24.06.1996, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to allotment of chak on plot- 560 of village Jamalpur Bajbahadur, pargana Nizamabad, district Azamgarh. Plot 560 (area 3 acre 560 links) was original holding of the petitioner, in which he was having 1/2 share and Amarjeet, Ranjeet, Sabhajeet and Indrajeet (respondents-3 to 6), together having 1/2 share. The petitioner was proposed a single chak on plots 560 (area 1 acre 113 links), 559 (area 175 links), 557 (area 330 links) 556 (area 293 links) and 555 (area 200 links) (total area 2 acre 111 links) in Provisional Consolidation Scheme. The petitioner filed an objection under Section 20 of the Act, for allotment of chak on plot 560. It has been stated that some of the area of plot 560 was valued at the rate of 60 paisa, while 555 and 556, which were allotted in the chak of the petitioner were valued at the rate of 100 paisa. Due to allotment of high valuation land in the chak of the petitioner, his area has been reduced. Plot 560 situates near road but Sambharu (respondent-2) was illegally allotted an uran chak on it. Accordingly it was prayed that chak of Sambharu on plot 560 be deleted and it be allotted in the chak of the petitioner and respondents-3 to 6.