MAHARAJ SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION BAREILLY

JUDGEMENT

(1.) BY means of this writ petition the petitioner has challenged the order passed by the Deputy Director of Consolidation dated 30-11-88.

(2.) BRIEF facts of the case are that the dispute relates to an area of 0.19 acre of plot no. 56. Plot no. 43-M area 0.90 acre is a public highway. Consolidation proceedings in the area started after the notification issued under section 4 (2) of the U. P. Consolidation of Holdings Act which was published on 11-2-1970. Statement of principles were prepared under section 8-A of the U. P. Consolidation of Holdings Act, hereinafter referred to as the Act, showing plot no. 56 having an area of 0.19 acre and plot no. 43 area 0.90 acre as rasta. However, plot nos. 56, 43 and 51 were allotted in chak no. 27 of Asit Kumar respondent no. 3 against which an appeal was preferred by the aggrieved person before the Settlement Officer (Consolidation) who, after recording a finding that plot no. 56 is a rasta which is a Gaon Sabha property and hence allotment of this rasta in the chak no. 27 of Asit Kumar is wholly illegal and would narrow down the road causing great inconvenience to the general public, set aside the allotment of this rasta in the chak of Asit Kumar taking out the rasta from the chak of Asit Kumar and shifting him from plot no. 56 to plot no. 429. Thus the Settlement Officer (Consolidation) vide his order dated 16-3-1972 took out plot no. 56 and 51 from the chak of Asit Kumar and left it as rasta vesting it in the Gaon Sabha. This order became final and thereafter in the year 1976 the land in . dispute was included within the municipal limits of Kashipur. A notification was also, however, issued under section 52 of the Act on 30-7-77 by which the area was denotified.

(3.) HEARD Sri K. M. Sinha for the petitioner and Sri G. N. Verma for respondent no. 2.