BABU LAL Vs. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri A.P. Tewari, for the petitioners and Sri Satyendra Kumar Singh and Sri Shashi Ranjan Srivastav, for the contesting respondents.

(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 18.12.2013, Settlement Officer Consolidation dated 13.08.2014 and Deputy Director of Consolidation dated 29.11.2014 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 chaks on plots 41 (area 0.032 hectare), 42 (area 0.154 hectare) and 43 (area 0.405 hectare) of village Barauli, pargana Haveli, district Gorakhpur. In these plots, share of Babu Lal (petitioner -1) was 1/32, Bankey Lal (petitioner -2) was 1/32, Ram Bachan (petitioner -3) was 1/32, Ram Briksha (petitioner -4) was 1/16, Bujharat (petitioner -5) was 1/16, Brij Raj (petitioner -6) was 1/64 and Durgesh (petitioner -7) was 1/64. Thus share of all the petitioners together comes to 1/4. A perusal of map (Annexure -2) shows that plot 42 situate on roadside while plots 41 and 43 are in back side of plot 42. It further reveals that frontage on roadside of plot 42 was less than its widths. The petitioners are claiming for allotment their chak on these plots on the ground that it situate on metallic road and has commercial value. A perusal of CH Form -23 of Tufail Ahmad (now represented by respondents -7 to 9) (chak 153) who is co -sharers of the petitioners of 1/4 share, shows that he was allotted chak on plot 42 etc. of the area 0.176 hectare. Smt. Jayanti Devi (respondent -4) (chak 132) was allotted chak on plots 43, 44 and 48 of the area 0.713 hectare and plots 44 and 48 were her original holdings. Ram Bharose and others (respondents -21 to 26) (Chak -363), who are co -sharers of the petitioners of 1/4 share was allotted on plots 42, 43 etc. of an area of 0.303 hectare.