LAWS(ALL)-2018-1-676

BHIKHARI Vs. D.D.C. AND OTHERS

Decided On January 10, 2018
BHIKHARI Appellant
V/S
D.D.C. And Others Respondents

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Srivastava, Advocate holding brief of Sri Sudhanshu Srivastava, learned counsel for petitioner and Sri G.P. Singh, learned counsel for respondents.

(2.) This writ petition under Article 226 of the Constitution of India has arisen from the order dated 23.12.1977 passed by Deputy Director Consolidation (hereinafter to be referred as 'DDC') partly allowing three revisions by a common order passed under Section 48 of U.P. Consolidation of Holdings Act, 1953 (hereinafter to be referred as 'Act, 1953') making alteration in allotment of chak made by Settlement Officer, Consolidation (hereinafter to be referred as 'SOC').

(3.) Petitioner Bhikhari (now deceased and substituted by legal heirs) claimed to be a chak holder of chak no. 191 while Maharaji (respondent no. 3) (now deceased and substituted by legal heirs) was holder of chak no. 201. Original holding of petitioner's chak consisted of 20 plots with a total area 2.63 acres. It was splitted in two parts therefore, Assistant Consolidation Officer (hereinafter to be referred as 'ACO') allotted a single chak consisting of 21 plots, area 3.3 acres. Respondent 3 filed an objection under Section 20 for change of chak. It was allowed by Consolidation Officer (hereinafter to be referred as 'CO') and position of chak was altered vide order dated 25.03.1975. Aggrieved thereto, appeal was filed by petitioner before SOC which was allowed vide order dated 28.04.1975 where against three revisions were filed which have been decided by impugned order passed by DDC.