Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri K.R. Sirohi, Senior Advocate, assisted by Sri J.N. Pandey, for the petitioner, Standing Counsel for State of U.P. and Sri R.C. Upadhyay, Standing Counsel for Gram Panchayat, who has supported the petitioner.

2. The writ petition has been filed against the order of Deputy Director of Consolidation, dated 24.7.2013, passed in the proceeding under Section 48 (3) of U.P. Consolidation Act, 1953 (hereinafter referred to as the Act). Stamp Reporter has reported a delay of one year 93 days in filing of the writ petition.

3. The dispute between the parties relates for reserving new plot 197 (area 0.530 hectare) of village Merwara Kalan, pargana Garha, district Ballia, as khalihan. Plot 445/1 (area 0.39 acre), 445/2 (area 0.39 acre), 445/3 (area 0.39 acre), 445/4 (area 0.10 acre) and 445/5 (area 0.03 acre), (total area 1.30 acre) were recorded in the name of Sahdeo Rai and others, in 1290 F khatauni and belonged to Mahal Bal Govind Rai. All the sub-plots of 445 were noted as parati kadeem (i.e. uncultivated for a long time). In 1356 F khatauni, in khata 21, plot 445 (area 0.42 acre), khata 45, plot 445 (area 0.31 acre), khata 61, plot 445 (area 0.08 acre) and khata 21, plot 445 (area 0.50 acre) (total area 1.31 acre) were recorded as banjar kabil jarayat, (i.e. uncultivated but cultivable land). In 1359 F khatauni, in khata 21, plot 445 (area 0.42 acre), khata 45, plot 445 (area 0.31 acre), khata 61, plot 445 (area 0.08 acre) and khata 21, plot 445 (area 0.50 acre) (total area 1.31 acre) were recorded as banjar kabil jarayat, (i.e. uncultivated but cultivable land). In previous consolidation operation in village in CH Form-41 and 45, various sub-plots of plot 445 were allotted new plot 56 (area 1.31 acre) as banjar land. In present consolidation operation in village in CH Form-41 and 45, plot 56 (area 1.31 acre) was allotted new plot 149 (area 0.530 hectare) as banjar land.

4. It may be mentioned that in view of Section 3 (2) of the Act, banjar land is not included in consolidation area. However, under Section 19-A (2), of the Act, Assistant Consolidation Officer has been authorized to allot such land in the chak of a tenure-holder or use it for the purposes of carving out sector road, chak road or chak nali, after determination of its valuation in exceptional cases. Initially Consolidation Committee did not demand for reserving the land in dispute as khalihan at the time of preparation of Statement of Principles under Section 8-A nor any tenure-holder of the village filed any objection under Section 9 of the Act, in this respect. After finalization of consolidation operation in the village, one Ashwani Kumar, Member of Land Management Committee filed an application dated 11.7.1997 before Deputy Director of Consolidation for reserving plots 55 (area 0.142 hectare), 56 (area 0.530 hectare) and 149 (area 0.514 hectare) as khalihan. (i.e. threshing floor). This writ petition is confined to old plot 56 (area 0.530 hectare).

5. Deputy Director of Consolidation called for a report from Assistant Consolidation Officer by order dated 11.7.1997. Assistant Consolidation Officer submitted his report dated 28.7.1997, mentioning therein that plots 55 (area 0.142 hectare), 56 (area 0.530 hectare) and 149 (area 0.514 hectare) were recorded as banjar land in column 5 of the khatauni in basic consolidation year. Settlement Officer Consolidation by order dated 19.1.1996 directed for recording plot 55 (area 0.052 hectare) as rasta and remaining area of 0.090 hectare as khalihan. Plots 56 and 149 were still recorded as banjar land. In order to convert them as khalihan a reference is required to be submitted. However, the matter remained pending for a long time. In the meantime, Pradhan of the village also filed his application dated 31.1.2013 before Deputy Director of Consolidation for converting plots 56 and 149 as khalihan. A compromise was also filed, signed by some persons of the village on 31.1.201