CHAMELA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Surendra Prasad Singh, learned counsel for petitioner, Sri Indra Deo Mishra, learned counsel for respondent No. 5 and Sri B.N. Pathak, learned Standing Counsel for the State.

(2.) Brief facts of the case are that proceeding under Sec. 20 of the U.P. Consolidation of Holdings Act, 1953 (herein after referred to as U.P.C.H. Act) was initiated by the private respondent. Petitioner are chak holder No. 382 and respondent No. 5- Ram Awtar is chak holder No. 1472. The objection and ap-peal were decided by the Consolidation Officer and Settlement Officer Consolidation against the respondent No. 5. Revision under Sec. 48 of the U.P.C.H. Act was filed by respondent No. 5, which was registered as Case No. 1689 of 2024. In revision petitioners were impleaded as opposite party Nos. 2, 3 and 4. Deputy Director of Consolidation vide order dtd. 19/8/2025 al-lowed the revision filed by respondent No. 5 affecting the chak holder Nos. 1472, 1473, 382 and chak marg. Hence, this writ petition for following reliefs :

(3.) Learned counsel for petitioner submitted that Deputy Director of Consolidation while deciding the revision filed by respondent No. 5 has affected the right of the petitioners without no-tice and opportunity of hearing to the petitioners. He further submitted that before Consolidation Officer and Settlement Officer Consolidation, petitioners were not impleaded, but in revision petitioners were impleaded for the first time and without service of notice upon the petitioners, the impugned order has been passed by Deputy Director of Consolidation affecting the chak of the petitioners. He placed the order sheet of the revisional proceeding in order to demonstrate that revisional order has been passed in ex-parte manner. He further placed the schedule attached along with the revisional order in order to demon-strate that petitioner's chak has been affected under the impugned revisional order. He further placed the chak map, which is annexed as annexure No. 1 to the writ petition in order to demonstrate that petitioner has been affected under the impugned revisional order in arbitrary manner.