RAHAT SINGH Vs. DY DIRECTOR OF CONSOLIDATION, MUZAFFARNAGAR

JUDGEMENT

(1.) HEARD Sri Santosh Kumar Tripathi, for the petitioners and Sri Ramesh Pundir, for the contesting respondent -2

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 22.12.2014, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE petitioners and respondent -2 are co -sharers. The dispute relates to allotment of chak on plot 77 (area 2.305 hectare) of village Buddhakheda, tahsil and district Muzaffarnagar. Admittedly plot 77 is a good quality of land and was valued at the rate of 80 paisa. Plot 1543 is also original holdings of the petitioners and respondent -2, and lies at a long distance from the abadi of the parties, by the side of 'nala' and is of inferior quality of land valued at the rate of 50 paisa. Assistant Consolidation Officer proposed a single chak to Pratap Singh (respondent -2) (chak -254) on plot 1543 etc. of the area of 1.4015 hectare. Rahat Singh (petitioner -1) (chak -397) was proposed single chak on plot 77 etc. of the area of 1.5613 hectare. Dharam Singh (petitioner -2) (chak -189) was proposed single chak on plot 77 etc. of the area of 1.5663 hectare. Pratap Singh (respondent -2) (chak -254) filed an objection (registered as Case No. 89) under Section 20 of the Act, for deleting his chak on plot 1543 etc. and allotting two chaks to him, first on plot 349 and second on plot 77. The Consolidation Officer, by order dated 10.07.2013 dismissed the objection of respondent -2.