ARJUN Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The facts of the case are that during the consolidation operations held in the Village and in the Statement of Principles prepared under Section 8-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953'), 0.018 hectare was reserved for Harijan Abadi on the Southern Part of Plot No. 449 and 0.022 hectare was reserved for Harijan Abadi on the Northern Side of the aforesaid plot. Respondent Nos. 4 to 8 claimed that they had their houses constructed on .040 hectare on plot No. 449 and the Harijan Abadi reserved as aforesaid had encircled the houses of the aforesaid respondents. Consequently, against the Statement of Principles reserving Harijan Abadi on both sides of Plot No. 449, the respondent Nos. 4 to 8 filed objections before the Consolidation Officer (hereinafter referred to as, 'C.O.'), which was allowed by the C.O., vide his order dated 5.7.2006, whereby the C.O. directed that .018 hectare reserved on the Southern side of Plot No. 449 for Harijan Abadi be shifted to the Northern side of the said plot and be consolidated with 0.022 hectare reserved for Harijan Abadi on the Northern side of the said plot.

(3.) Against the order dated 5.7.2006 passed by the C.O., the petitioner filed Appeal under Section 9-B(3) of the Act, 1953, which was registered as Appeal No. 17. The S.O.C. vide his order dated 27.5.2009 allowed the said appeal and set aside the order dated 5.7.2006 passed by the C.O. and restored the position of Harijan Abadi as proposed in the Statement of Principles prepared under Section 8-A of the Act, 1953.