PHAGU Vs. D D C

JUDGEMENT

(1.) HEARD Sri R.K. Pandey and Sri Azaj Ahmad, for the petitioner and Sri S.C. Verma and Sri Arvind Kumar Singh, for the contesting respondents.

(2.) THIS writ petition has been filed against the orders of Settlement Officer Consolidation dated 27.08.1990 and Deputy Director of Consolidation dated 15.04.1991, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").

(3.) THE petitioner (chak -194) was proposed chak on plots 373, 376 and 377 of the area 376 links. Khetau (respondent -3) (chak -57) filed an objection alleging that plot 377 (area 425 link) was his original holding, in east -south corner of this plot, he was having his private source of irrigation and one room. This is a roadside land. The petitioner has been illegally allotted an 'uran' chak over it. Consolidation Officer, by order dated 02.05.1989 dismissed the objection of respondent -3. Thereafter, respondent -3 filed a time barred appeal, from the aforesaid order, along with delay condonation application. Settlement Officer Consolidation, by order dated 27.08.1990, condoned the delay in filing the appeal and found that plot 377 was a roadside original holding of respondent -3, where he had his private source of irrigation but out of its total area of 425 link, only 221 links has been allotted to him. The petitioner has been illegally allotted uran chak on plot 377. On these findings, the appeal was allowed and chak of the petitioner was shifted towards northern side on plots 376, 377 and 379.