PHOOL CHAND Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri B.R. Sharma, the counsel for the petitioners and Sri A.P. Tewari, the counsel for the respondent no. 5.

(2.) In the provisional consolidation scheme published under Section 20 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, Act, 1953'), one Munnar was proposed a chak on Plot No. 793 (area 0.457 hects.) and Plot No. 794/2 (area 0.046 hects.). After the publication of the provisional consolidation scheme, the respondent no. 5 through a sale deed dated 26.8.2002 executed in his favour by Munnar purchased 0.142 hects. in Plot No. 793. After the execution of the aforesaid sale deed, the respondent no. 5 filed an application under Section 12 of the Act, 1953 and by order dated 30.6.2003, his name was incorporated in the concerned records. Plot No. 793 was included in chak No. 585 proposed to Munnar. Subsequently, the respondent no. 5 filed objections under Section 20(2) of the Act, 1953 praying for allotment of a chak on Plot No. 822 in lieu of the chak on Plot No. 793 on the ground that the said plot was adjacent to his house existing on Plot No. 821 and in the aforesaid objections, the respondent no. 5 alleged that he was in possession of Plot No. 793 after the sale deed dated 26.8.2002. It is relevant to note that Plot No. 822 was the original holdings of the petitioners and was appurtenant to his abadi. The Consolidation Officer vide his order dated 1.8.2006 allotted 0.020 hects. on Plot No. 822 to respondent no. 5.

(3.) The order dated 1.8.2006 was passed ex-parte against the petitioners, therefore, the petitioners filed a recall application before the Consolidation Officer which was rejected by the Consolidation Officer vide his order dated 3.8.2009. It would be relevant to note that by his order dated 1.8.2006, the Consolidation Officer shifted the chak of the petitioners to another portion of Plot No. 822 and the respondent no. 5 was allotted a chak on the corner of Plot No. 822 which the petitioners allege to be adjacent to chak road. Aggrieved, the petitioners filed appeals before the Settlement Officer of Consolidation against the orders dated 1.8.2006 and 3.8.2009 passed by the Consolidation Officer but the said appeals were dismissed by the Settlement Officer of Consolidation vide his order dated 30.6.2010. Consequently, the petitioners filed Revision No. 1301/2009-10 under Section 48 of the Act, 1953 before the Deputy Director of Consolidation, Gorakhpur against the orders passed by the subordinate consolidation authorities. The Deputy Director of Consolidation vide his order dated 30.6.2011 dismissed the revision filed by the petitioners. The appeals and the revision filed by the petitioners were dismissed by the Settlement Officer of Consolidation and the Deputy Director of Consolidation on the ground that only a small portion of Plot No. 822 was allotted to respondent no. 5 considering that his house was on Plot No. 821 adjacent to Plot No. 822 and the said allotment does not, in any way, prejudice the petitioners. The orders dated 1.8.2006, 30.6.2010 and 30.6.2011 passed by the Consolidation Officer, the Settlement Officer of Consolidation and the Deputy Director of Consolidation have been challenged in the present writ petition.