SURESH CHANDRA MAURYA Vs. D.D.C.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The dispute in the present writ petition as well as in the allotment of chak proceedings registered before the consolidation authorities relates to different sub-plots of Plot Nos. 2961, 2962, 2963 and 2964.

(3.) It appears from the records that the Assistant Consolidation Officer proposed a chak to the petitioner which included certain portions of Plot Nos. 2961/4 and 2961/5. However, the petitioner filed objections under Section 20 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') before the Consolidation Officer (hereinafter referred to as, 'C.O.') praying that the different sub-plots of Plot Nos. 2961, 2962, 2963 and 2964 be reserved for play ground and building of Paramchandra Maurya Shiksha Samiti. The said objections were allowed by the C.O. vide his order dated 27.11.1999. The order dated 27.11.1999 passed by the C.O. was challenged by the Gaon Sabha in appeal on the ground that Plot Nos. 2961 and 2962 were Gaon Sabha plots and had been wrongly allotted to the petitioner and further the order dated 27.11.1999 was not in accordance with the Act, 1953. The Settlement Officer of Consolidation, Fatehpur, i.e., respondent No. 2 (hereinafter referred to as, 'S.O.C.') vide his order dated 5.4.2003 allowed the appeal filed by the Gaon Sabha and set aside the order dated 27.11.1999 passed by the C.O. In the meantime, the father of the petitioner also filed objections demanding a chak on Plot Nos. 2961 and 2962, which were dismissed by the C.O. vide his order dated 16.11.2007 on the ground that the father of the petitioner had already been allotted a chak on the aforesaid plots. Against the order dated 16.11.2007 passed by the C.O., the father of the petitioner filed appeal before the S.O.C. which was dismissed by the S.O.C. vide his order dated 20.11.2009 on the ground that a Government School existed on the plots sought by the father of the petitioner in his chak. Revision Nos. 983 and 1259 were filed by the petitioner against the orders dated 20.11.2009 and 5.4.2003 passed by the S.O.C. The respondent No. 4 also filed Revision No. 781 demanding allotment of a chak on Plot Nos. 2961/4 and 2961/5 as well as on Plot No. 2962/6, which had been reserved for public purposes. The Deputy Director of Consolidation, Fatehpur, i.e., respondent No. 1 (hereinafter referred to as, 'D.D.C.') vide his order dated 25.1.2011 dismissed Revision Nos. 983 and 1259 filed by the petitioner, but allowed Revision No. 781 filed by respondent No. 4. The recall/review application filed by the petitioner for recall/review of the order dated 25.1.2011 has been dismissed by the D.D.C. vide his order dated 23.5.2012. The orders dated 23.5.2012 and 25.1.2011 passed by the D.D.C. as well as the orders dated 20.11.2009 and 5.4.2003 passed by the S.O.C. and the order dated 16.11.2007 passed by the C.O. have been challenged in the present writ petition.