SHIVCHAN Vs. DY. DIRECTOR OF CONSOLIDATION AND ORS.

JUDGEMENT

(1.) HEARD Sri J.P. Singh, for the petitioner and Sri Sunil Kumar Singh, for respondents -4 and 6. The writ petition has been filed for quashing the orders of Consolidation Officer dated 23.2.2007, Settlement Officer Consolidation dated 6.12.2007 and Deputy Director of Consolidation, dated 19.6.2015, passed in proceedings under section 9 -A, U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) THE dispute relates to subdivision of plot 222 of village Manajit, pargana Chiraiyakot, district Mau. In last settlement record, total area of 2.832 hectare was recorded of plot 222. In khasra 1378 -F, plot 222/1 (area 1.672 hectare) was recorded as user, 222/2 (area 0.560 hectare) was recorded in the name of Smt. Taibunnisa and plot 222/3 (area 0.560 hectare) was recorded as abadi. Although these sub -divisions were recorded in khasra but in the map, there was no sub -division. In 1889 -F khasra, an area 0.056 hectare was recorded as abadi, an area of 0.560 hectare was recorded in the name of Smt. Taibunnisa, an area of 0.100 hectare was recorded in the name of Khakhanu, an area of 0.300 hectare was recorded in the name of Shivnath, an area of 0.300 hectare was recorded in the name of Shivchan, an area of 0.300 hectare was recorded in the name of Durjan, an area of 0.235 hectare was recorded as abadi and an area of 0.239 hectare was recorded as user of plot 222. In 1391 -F khasra, plot 222/1 (area 0.560 hectare) was recorded in the name of Smt. Taibunnisa, 222/1 (area 0.056 hectare) was recorded in the name of Khakhanu, plot 222/2 (area of 0.300 hectare) was recorded in the name of Durjan, plot 222/3 (area 0.090 hectare) was recorded in the names of Ramu and others, plot 222/4 (area 0.300 hectare) was recorded in the name of Shivnath, plot 222/5 (area 0.300 hectare) was recorded in the name of Shivchan, plot 222/6 (area 0.600 hectare) was recorded as abadi and an area of 0.616 hectare was recorded as user. In 1398 -F khasra, an area of 0.227 hectare was recorded in the name of Smt. Taibunnisa, an area of 0.040 hectare was recorded in the name of Khakhanu, an area of 0.121 hectare was recorded in the name of Durjan, an area of 0.237 hectare was recorded as user, an area of 0.121 hectare was recorded in the name of Shivnath, an area of 0.121 hectare was recorded in the name of Shivchan, an area of 0.243 hectare was recorded as abadi and an area of 0.080 hectare was recorded in the name of Kishun of plot 222.

(3.) THE village was notified under section 9 of the Act, in the year 1998. The Consolidation Officer, by order dated 31.7.2000, passed in Case No. 3135/31, on the basis of survey and revised map directed for recording total area of plot 222 as 1.005 hectare. The petitioner filed an objection (registered as Case No. 806) under section 9 -B of the Act, for determining valuation of plot 222 (area 0.81 hectare), which was dismissed by order of Consolidation Officer dated 20.7.2000. The petitioner filed another objection (registered as Case No. 1180) under section 9 -B of the Act, for determining valuation plot 222. The Consolidation Officer determined valuation of 0.060 hectare of plot 222, by order dated 15.2.2001 and allotted to the petitioner.