PURUSHOTTAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION, DISTT. AZAMGARH

JUDGEMENT

(1.) Heard Sri Prem Narayan Rai for the petitioner and Sri Rajesh Yadav for the contesting respondents.

(2.) The writ petition has been filed against the orders of Settlement Officer Consolidation dated 20.1.2014 and Deputy Director of Consolidation dated 31.5.2016 passed in chak allotment proceeding under UP Consolidation of Holdings Act, 1953.

(3.) The demand of the petitioner was for allotment of chak on plot No. 51. Plot No. 51 area 2.305 hectare is the original holding of the petitioner along with other co-sharers in which the petitioner had 1/20 share. From the stage of Assistant Consolidation Officer, the petitioner was allotted his first chak on plot No. 61 area 0.200 hectare and second chak on plot No. 73 area 0.909 hectare. The petitioner did not file any objection against the proposed chak. The petitioner directly filed an appeal before the Settlement Officer Consolidation and prayed for deleting his chak on plot nos. 74, 75, 79 and 80 and allotting its valuation on plot No. 51. The Settlement Officer Consolidation by the order dated 29.7.2011 decided the appeal of the petitioner along with other appeals of the village and Settlement Officer Consolidation by taking an area of 0.542 hectare from the second chak of the petitioner, allotted its valuation on plot No. 51. Thereafter Ramjeet, Sant Lal and Ram Pyare and others filed an application for recall of the aforesaid order of Settlement Officer Consolidation. The Settlement Officer Consolidation passed a fresh order on 20.1.2014 in which he has partly modified his earlier order dated 29.7.2011 and the area which was allotted to the petitioner on plot No. 51 was deleted and its valuation was again allotted on plot nos. 76 and 80. The petitioner filed two revisions i.e. Revision No. 285 was against the order dated 29.7.2011 and Revision No. 573 was against the order dated 20.1.2014. Both the revisions were consolidated and decided by a common order dated 31.5.2016. The Deputy Director of Consolidation while deciding the chak Revision No. 285 found that the petitioner has not filed any objection for allotment of chak on plot No. 51 before the Consolidation Officer as such his demand in this respect cannot be accepted. So far as Revision No. 573 is concerned, the Deputy Director of Consolidation found that plot nos. 55, 56, 64 and 71 were the original holding of Sant Lal, who was allotted chak on plot No. 51. Sant Lal being a Scheduled Caste person has been rightly allotted chak near his abadi and his chak is not liable to be disturbed. On this finding Revision No. 573 of the petitioner was also dismissed. Hence this writ petition has been filed.