PHOOLA DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Shri K.N. Shukla, learned counsel for the petitioner and Shri Sumit Kumar Srivastava, Advocate representing respondent No. 2.

(2.) Despite opportunity having been granted to the respondents, no counter affidavit has been filed by the respondents till date. Hence, the Court has proceeded to hear the case on merits.

(3.) The facts of the case are that the petitioner purchased 378.46573 square meter area in Plot No. 198 through a registered sale-deed dtd. 6/1/2011 executed by one of the co-tenure holder of the said plot. The area which the petitioner purchased was included in Plot No. 198/2 during the consolidation operations. The other co-tenure holder of the plot was respondent No. 2. During the consolidation proceedings in the village, the petitioner was declared to have 1/12 share in Plot No. 198/2. In the sale-deed dtd. 6/1/2011, the petitioner was assigned the North-West part in Plot No. 198/2. During the proceedings relating to allotment of chak, the Consolidation Officer (hereinafter referred to as, 'C.O.') vide his order dtd. 20/12/2017 allotted to the petitioner a chak on Plot No. 198/2 on the portion assigned in the sale-deed and after acknowledging her possession on the said part and the on the ground that the said portion was infront of the residence of the petitioner located on Plot No. 197. The order dtd. 20/12/2017 passed by the C.O. was upheld by the Settlement Officer of Consolidation, Azamgarh (hereinafter referred to as, 'S.O.C.') through his order dtd. 27/3/2018 passed in Appeal No. 421. Aggrieved, the respondent No. 2 filed Revision No. 839 under Sec. 48 of Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') which has been allowed by the Deputy Director of Consolidation, Azamgarh, i.e., respondent No. 1 (hereinafter referred to as, 'D.D.C.') vide his order dtd. 19/9/2018 and the position of chaks allotted to the petitioner and respondent No. 2 on Plot No. 198/2 have been amended by the D.D.C. The order dtd. 19/9/2018 has been challenged in the present writ petition.