Point of Law: Roadside land either to be excluded from consolidation operation or to be included in the chak of that chak holder who held it as original.

JUDGMENT :

Chandra Kumar Rai, J.

Heard Mr. S K Mishra & Mr. S.K. Pandey, learned counsel for the petitioner and Mr. Rahul Kumar Tyagi, Advocate for contesting respondent No. 2.

1. The instant writ petition has been filed by the petitioner for quashing the impugned revisional order dated 9.9.2016 passed by respondent no. 1 in Revision No. 558, under Section 48 of U.P. C.H. Act (Annexure No-2 to the writ petition).

2. The brief fact of the case are as follows:

Petitioner is chak holder no. 131 and respondent no.2 is chak holder nos. 12 & 180. Petitioner is original tenure holder of plot no. 217, area 0.0460 hectare and plot no. 218, area 0.0460 hectare as well as of plot no. 560, 543 & 560, total area 0.2693 hectare and the Assistant Consolidation officer has proposed chak in the year 2013, comprising of plot No. 214/1, area 0.2152, plot no. 215, area 0.0050, plot no. 216 area 0•0350, plot no. 217, area 0.0050, total area 0.2602 hectare. CH. 23 part 1 relating to petitioner has been annexed as Annexure No 1 to the writ petition. Petitioner has annexed the village map as Annexure No-6 to the writ petition to demonstrate that original plot No-217 & 218 are road side plot and road was numbered as plot No-713 & 714 in the village map. Petitioner has also annexed C.H. form 2-Ka as Annexure R.A.1 to the rejoinder affidavit in which plot No. 713 & 714 are mentioned as sarak, this clearly demonstrate that plot No. 217 & 218 are road side original plots of petitioner. It is material to state that respondent No. 2 is not original tenure holder of plot No -217 & 218 nor had any share in the same in any manner.

3. Against the proposal of Assistant Consolidation Officer, respondent no. 2 filled objection under section 20 of U.P. C.H. Act to the effect that he should be given plot No. 528 in his chak, as well as purchased chak No. 390 be also given in his earlier chak, the Consolidation Officer by order dated 30.4.2014, partly allowed the objection of respondent No. 2 by which petitioner was not effected in any manner. Against the order of Consolidation Officer dated 30-4-2014, respondent no. 2 filed an appeal under Section 21 (2) of U.P. C.H. Act with the changed demand that his chak in eastern side of sector be abolished and he should be accommodated in the western side with his chak No-12, 180 & 390. It was further prayed that chak of opposite parties be given either in northern side or in the eastern side. The appeal was initially decided on 29-11-2014 but on the application of respondent no. 2 himself, the appeal was restored & the same was again heard and decided by order dated 29.6.2015 by which the claim of respondent no. 2 was partly accepted, affecting the chak holder no. 100 but petitioner was not affected in any manner.

4. Respondent No-2 challenged the order dated 29.6.2015 through revision under section-48 of UPCH Act before respondent no. 1. The revision was numbered as Revision No558 under Section 48(1) of the U.P.C.H. Act. In revision respondent No 2 further increased his demand to the effect that he should be given chak of petitioner. The respondent no. 1 in cursory manner allowed the revision filed by petitioner only considering the demand of petitioner & there was no consideration that what damage will be caused to petitioner who will be deprived of his roadside original holding. The revisional order was passed by respondent no-1 on 9.9.2016. Petitioner challenged the revisional impugned order dated 9.9.2016 through present writ portion in which following interim order was passed on 03.10.2016:

“Notice on behalf of respondent-1 has been accepted by Chief Standing Counsel.

Issue notice to respondents-2 to 4.

The counsel for the petitioner submits that plot nos. 217 and 218 were original holdings of the petitioner. The petitioner was allotted chak from the stage of ACO on these plots, which are road side lands, but the DDC has illegally disturbed the chak of the petitioner and allotted him chak in the back side.

The matter requires co