S. N. SRIVASTAVA, J.

( 1 ) THIS writ petition is directed against the order dated 9. 5. 2003, passed by the Deputy Director of Consolidation, Deoria allowing the revision of Gaon Sabha setting aside orders of allotment made by subordinate Consolidation Authorities in respect of Plot No. 757 and further quashing order determining valuation and inclusion of Plot No. 757 in petitioners Chak No. 15.

( 2 ) IT is borne out from the record that Plot No. 757 area 13 Acre was recorded as Garni in the khata of Gaon Sabha and was not included in the consolidation scheme, but subsequently by an order of correction passed by Consolidation Officer this plot was included in the consolidation scheme by determining valuation of eight Anna and it was allotted in the chak of petitioners. An appeal preferred by Gaon Sabha against the said order was dismissed vide order dated 13. 4. 1998 but revision preferred against appellate order was allowed and the plot in question was restored to Gaon Sabha.

( 3 ) HEARD learned counsel for the petitioners and perused the record.

( 4 ) LEARNED counsel for the petitioners urged that there is no prohibition in U. P. Consolidation of holdings Act (hereinafter in short referred to as the U. P. C. H. Act) for allotment of Gaon Sabha property recorded as Garhi (land mentioned in revenue record as covered by water) and order for inclusion of Plot No. 757 recorded as Garhi in petitioners chak was rightly passed in accordance with law. He further urged that as the impugned order was passed by the Deputy Director of Consolidation after notification under Section 52 of the U. P. C. H. Act as such the Deputy Director of Consolidation acted illegally and without jurisdiction in passing the impugned order, the same is liable to be quashed.

( 5 ) I duly considered arguments of learned counsel for the petitioners and I am of the view that none of the arguments pressed by the learned counsel for the petitioners could be sustained in law. Under the U. P. C. H. Act consolidation is defined under Section 3 (2 ). Explanation (iii) of section 3 (2) of the U. P. C. H. Act makes it clear that land mentioned under Section 132 of U. P. Zamindari Abolition and Land Reforms Act (in short hereinafter referred to as the U. P. Z. A. and l. R. Act) shall not be included in consolidation Scheme.

( 6 ) SECTION 132 of U. P. Z. A. and L. R. Act and Section 3 (2), Explanation (iii) are being reproduced below for ready reference:section 132 of the U. P. Z. A. and L. R. Act

"132 Land to which (bhumidhari) rights shall not accrue.-Notwithstanding to the provisions of Section 19 (bhumidhari) rights shall not accrue (a) Pasture lands or lands covered by water and used for the purpose of growing Singhara or other produce of land in the bed of a river and used for casual or occasional cultivation: section 3 (2) of the U. P. C. H. Act.

"3 (2) consolidation means re-arrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact; explanation-For the purpose of this clause, holding shall not include the following: (iii) Land mentioned in Section 132 of the U. P. Zamindari Abolition and Land Reforms Act, 1950;

( 7 ) FROM perusal of the above provisions, it is clear that if any land is mentioned under Section 132 of the U. P. Z. A. and L. R. Act it shall not be included in the consolidation scheme for the purposes of consolidation.

( 8 ) SECTION 132 of the U. P. Z. A. and L. R. Act makes it clear that notwithstanding any thing contained in this Section, but without prejudice to Section 19 of the U. P. Z. A. and L. R. Act, bhumidhari rights shall not accrue to any land covered by water. As plot in question is Garhi it cannot be part of consolidation scheme for allotment proceeding in the unit and as such it was rightly excluded by the Deputy Director of Consolidation from the consolidation scheme.

( 9 ) FROM the material on record it transpires that the land in dispute was recorded as Gaon Sabha

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