JAI PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Krishna Kumar Chaurasia, learned counsel for the petitioner, Mr. Rahul Kumar Tyagi, learned counsel for respondent Nos. 4 and 5, Mr. B.N. Pathak, learned Standing Counsel for the State-respondents and Mr. Pradeep Singh, learned counsel for respondent- L and Management Committee.

(2.) Brief facts of the case are that the petitioner is chak holder No. 87/93. Petitioner was proposed two chaks by the Assistant Consolidation Officer. First chak on Plot Nos. 170/1, 171/1M and second chak was proposed on plot Nos. 151/1, 165/1M, 165/2, 168M. Father of respondent No. 5 was chak holder No. 214 and original holing of father of respondent No. 5 were Plot Nos. 163, 164/1, 164/2, 166/2 and 169/2. Consolidation Officer in the proceeding under Sec. 20 of U.P. Consolidation of Holdings Act, 1953 (here-inafter referred to as "U.P.C.H. Act") in Case No. 205 passed an order on 7/5/1986 taking out the area of 4 biswa of Plot No. 170/2 from the chak of the petitioner and allotted him chak on Plot Nos. 165/1, 165/2 and 268. The order of Consolidation Officer is mentioned in the C.H. Form 23 of the petitioner which is annexed as Annexure No. 3 to the writ petition. In pursuance of the order dtd. 7/5/1986 delivery of possession has taken place on 31/7/1995. The village has been notified under Sec. 52 of U.P.C.H. Act on 20/3/2002. The chak appeal under Sec. 21 (2) of U.P.C.H. Act was filed by husb and of respondent No. 4 on 22/4/2008 along with the prayer for condonation of delay challenging the order of Consolidation Officer dtd. 7/5/1986. The appeal was heard by the Settlement Officer of Consolidation and vide order dtd. 22/2/2016 the appeal was allowed granting benefit of Sec. 5 of Limitation Act allotting the Plot No. 170/2 in the chak of the petitioner taking out the same from the chak of the husb and of respondent No. 4. Against the order of Settlement Officer of Con-solidation dtd. 22/2/2016, restoration application was filed by husb and of respondent No. 4, accordingly, earlier order was set aside and appeal was heard afresh. Settlement Officer of Consolidation again on 29/11/2018 allowed the appeal of the chak holder No. 87/Jai Prakash/ petitioner. Against the appellate order dtd. 29/11/2018 revision un-der Sec. 48 of U.P.C.H. Act was filed by husb and of respondent No. 4. Deputy Director of Consolidation vide impugned order dtd. 22/1/2025 allowed the revision of husb and of respondent No. 4 (chak holder No. 214) allotting Plot No. 170/2 in the chak of private respondent taking out the same from the chak of the petitioner/ Jai Prakash. Hence, this writ petition for the following reliefs :

(3.) This Court vide order dtd. 23/5/2025 directed the learned Standing Counsel to obtain instruction regarding delivery of possession in pursuance of the order of Consolidation Officer dtd. 7/5/1986.