MITHAI DEVI Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD Sri B.D. Pandey, for the petitioner and Sri A.P. Tewari, for the contesting respondent -3.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 13.01.2015 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 in southern side on plot 505 of village Baratgarha, pargana Farenda, district Mahrajganj. Plot 505 (area 4.65 ace=1.881 hectare) was a grove land. The petitioner purchased an area of 0.58 acre=0.232 hectare of plot 505 through sale deed dated 16.04.1994. Rajit Singh (respondent -3) purchased an area of 0.696 hectare of plot 505 through sale deeds dated 23.03.1991 and 01.11.1991. During partal, plot 505/1 (area 1.621 hectare) (northern portion) was found as agricultural land, 505/2 (area 0.163 hectare) was found as low level land (khanti) and 505/3 (area 0.010 hectare) was found as rasta (southern portion). Thus total area of plot 505 was found 1.801 hectare in revised consolidation record, the original owners of remaining area did not challenge it. Admittedly a pitch road is coming towards southern side of this plot and turn towards east from south -east corner of plot 505, in which an area of 0.010 hectare of this plot has also gone. Although this road is continuing in eastern side to plot 505 but eastern portion is not pitch road. As such the petitioner and respondent -3 are claiming for allotment their chak in southern side so that their chak may comes on pitch road.